ANDERSON CLAYTON & CO. v. ALANTHUS CORP.


91 A.D.2d 985 (1983)

Anderson Clayton & Co., Appellant-Respondent, v. Alanthus Corporation, Respondent-Appellant, et al., Defendants

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

January 10, 1983


Order modified, on the law, by deleting the provision denying that branch of plaintiff's motion which was for partial summary judgment against defendant Alanthus Corporation and substituting a provision granting said branch of the motion. As so modified, order affirmed insofar as appealed from, with $50 costs and disbursements to plaintiff. Although the issue of substantial performance is usually one of fact, "if the inferences are certain, the question involves only a matter...

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