MONROE PIPING & SHEET METAL, INC. v. EDWARD JOY CO.


138 A.D.2d 941 (1988)

Monroe Piping & Sheet Metal, Inc., Appellant, v. Edward Joy Company, Respondent

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

March 4, 1988


Order affirmed without costs.

Memorandum:

Special Term properly granted defendant partial summary judgment on the issue of liability on its counterclaim for breach of contract. Defendant met its initial burden of showing entitlement to summary judgment as a matter of law. It was thus incumbent upon plaintiff to present evidence in admissible form to raise a triable issue of fact (see, Zuckerman v City of New York, 49 N.Y.2d 557...

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