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BILLBOARD SPORTSWEAR, INC. v. KAPADIA

237 A.D.2d 135 (1997)

655 N.Y.S.2d 354

Billboard Sportswear, Inc., Respondent, v. Jamnadas K. Kapadia et al., Appellants

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

March 11, 1997

Defendants have never refuted documentary evidence that they agreed to pay for the subject goods and actually made payments for them. Defendants raise only immaterial issues and improperly attempt to avoid summary judgment in the hope that a question of fact will be raised in cross-examining plaintiff's witness (see, Badman v Civil Serv. Empls. Assn., 91 A.D.2d 858). We have considered defendants' remaining arguments and find...

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