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PETTINELLI ELEC. CO., INC. v. BD. OF EDUC. OF THE CITY OF NEW YORK

226 A.D.2d 176 (1996)

641 N.Y.S.2d 535

Pettinelli Electric Co., Inc., Appellant, v. Board of Education of the City of New York, Respondent

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

April 11, 1996

The court did not err in granting partial summary judgment. The motion, supported by an affirmation of defendant's attorney and adequate documentary evidence, was legally sufficient (see, Alvarez v Prospect Hosp., 68 N.Y.2d 320, 325). Nor was defendant required to plead plaintiff's non-compliance with Article 56 of the contract as an affirmative defense, as the answer itself specifically...

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