DAVIRO CORP. v. ARAS CORP.


167 A.D.2d 985 (1990)

Daviro Corporation, Respondent, v. Aras Corporation, Appellant

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

November 16, 1990


Order unanimously affirmed with costs.

Memorandum:

Defendant appeals from an order granting plaintiff summary judgment on its claim for $63,357 in compensatory damages. The court did not grant summary judgment on any of the theories expressly pleaded, but read the complaint as stating a claim for goods sold and delivered and granted plaintiff summary judgment on that theory. The court's analysis and resolution of the case were proper. In support of its motion...

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