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TECHNICAL TAPE, INC. v. SPRAY-TUCK, INC.

146 A.D.2d 517 (1989)

Technical Tape, Inc., et al., Appellants, v. Spray-Tuck, Inc., et al., Respondents

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

January 19, 1989

Appellants commenced this action by service of a verified complaint after this court denied their motion for summary judgment in lieu of a complaint pursuant to CPLR 3213, on the ground that the instrument sued upon was not one for the payment of money only (Technical Tape v Spray Tuck, 131 A.D.2d 404 [1st Dept 1987]). This litigation arises out of an agreement between the parties dated January 22, 1982, for the sale of all right...

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