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STANDARD FRUIT & S.S. CO. v. RUSSO

67 A.D.2d 970 (1979)

Standard Fruit & Steamship Company, a Division of Castle and Cooke, Inc., Appellant, v. Frank Russo, Respondent, et al., Defendant

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

February 20, 1979

Order reversed, on the law, with $50 costs and disbursements, and judgment reinstated.

In March, 1977 the plaintiff commenced an action against the defendants to recover payment for the sale and delivery of bananas. The essential cause of action was stated in the second paragraph of the plaintiff's verified complaint. The defendants interposed separate answers. The answer of Teresa Russo was essentially a general denial. However, the verified answer of defendant Frank...

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