CUBA CHEESE, INC. v. AURORA VALLEY MEATS, INC.


113 A.D.2d 1012 (1985)

Cuba Cheese, Inc., Appellant, v. Aurora Valley Meats, Inc., Respondent

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

September 27, 1985


Order unanimously affirmed, with costs.

Memorandum:

Plaintiff commenced an action for the purchase price of cheese sold and delivered to defendant. Defendant interposed an answer including a counterclaim for damages alleging that plaintiff breached its contract by selling cheese that was unfit for human consumption. Plaintiff appeals from a denial of its motion for summary judgment contending that defendant is barred, as a matter of law, from any remedy because...

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