UNITED CONSOL. INDUS. v. MENDEL'S AUTO PARTS, INC.


150 A.D.2d 768 (1989)

United Consolidated Industries, Appellant, v. Mendel's Auto Parts, Inc., Respondent

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

May 30, 1989


Ordered that the order and judgment is affirmed insofar as appealed from, with costs.

We find that the court properly dismissed the plaintiff's cause of action for $9,484.62 for goods sold and delivered. The only evidence proffered by the plaintiff at trial were four checks with face amounts totaling $8,563.62 which had been returned for insufficient funds. However, the defendant's president testified that he believed that...

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