DAVIS ACOUSTICAL CORP. v. MATZEN CONSTR., INC.


57 A.D.2d 1018 (1977)

Davis Acoustical Corp., Respondent, v. Matzen Construction, Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

May 19, 1977


The instrument for the payment of money only upon which the motion was based was a check in the sum of $800 drawn on the account of Matzen Construction, Inc. The check was issued in payment for labor and materials allegedly provided by the plaintiff to the defendant pursuant to a contract signed by Peter Matzen as president of the defendant corporation. The contract price was $1,220, but $420 of this sum had been paid prior to the commencement of the action. The check for...

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