KAPLAN, J.
This litigation began in 1978 as an action in Superior Court by Irving Levitt Co., Inc. (Levitt), a meat supplier, against Sudbury Management Associates, Inc. (Sudbury), owner of a restaurant, to collect upon a promissory note made by Sudbury in favor of Levitt, and to recover the price of merchandise sold by Levitt to Sudbury. The latter's answer to the amended complaint set up a number of defenses. The action took its course with discovery and other matters...
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