The IAS Court properly determined that summary judgment was precluded by triable issues of fact, including issues as to the parties' credibility and intent raised by their conflicting affidavits, with respect to the conformity of the goods sold, the timeliness of the delivery, and the disputed cancellation by the defendant of the parties' contracts.
A triable issue has been raised as to when the purchase order was given and its applicability, if any, to these transactions...
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