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LOYAL SUPPLY CORP. v. GREGG

202 A.D.2d 836 (1994)

609 N.Y.S.2d 103

Loyal Supply Corporation, Appellant-Respondent, v. Michael Gregg, Doing Business as Gregg Contracting Unlimited, Respondent-Appellant. (And a Third-Party Action.)

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

March 17, 1994

Yesawich Jr., J.

Plaintiff, claiming that it sold and delivered merchandise to defendant for which it has not been paid, brought this action to recover the balance allegedly due on account, approximately $37,000. In his answer, defendant asserts several affirmative defenses and a counterclaim, all based on allegations that plaintiff had agreed to setoff against amounts due on the account the value of work defendant...

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