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FORD MOTOR CREDIT CO. v. ROBCO DISTRIBS., INC.

205 A.D.2d 662 (1994)

614 N.Y.S.2d 301

Ford Motor Credit Company, Respondent, v. Robco Distributors, Inc., et al., Defendants, and John J. Gallagher, Jr., Appellant

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

June 20, 1994

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

The Supreme Court properly denied the appellant's motion for summary judgment, since the record presents material issues of fact as to the mailing and sufficiency of the demand for payment which the respondent claims to have sent to him (see, Nassau Ins. Co. v Murray, 46 N.Y.2d 828

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