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SAECO AUTO. WAREHOUSE, INC. v. GLOBE MOTORISTS SUPPLY CO., INC.

90 A.D.2d 484 (1982)

Saeco Automotive Warehouse, Inc., Respondent, v. Globe Motorists Supply Co., Inc., Appellant, et al., Defendant

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

October 4, 1982

Judgment reversed, on the law, with $50 costs and disbursements, order vacated and plaintiff's motion is denied.

The letter of May 21, 1981, upon which the award of partial summary judgment is based, conditioned the payment of the sum admitted on the acceptance of returns and the issuance of credits, which are the very issues upon which the parties are unable to agree. Hence, there is not an unqualified admission of a precise sum due (see Fleder v Itkin...

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