LONG ISLAND PIPE FABRICATION & SUPPLY CORP. v. S & S FIRE SUPPRESSION SYS., INC.


226 A.D.2d 1136 (1996)

641 N.Y.S.2d 477

Long Island Pipe Fabrication & Supply Corp., Appellant, v. S & S Fire Suppression System, Inc., Respondent. (Appeal No. 1.)

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

April 19, 1996


Judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court properly denied plaintiff's motion for summary judgment and granted that part of defendant's cross motion seeking leave to amend the answer to assert the affirmative defenses of release and accord and satisfaction. The court erred, however, in granting that part of the cross motion seeking summary judgment dismissing the complaint based...

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