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META-LITE INC. v. ZOLLO CONSTR. CORP.

242 A.D.2d 488 (1997)

663 N.Y.S.2d 820

Meta-Lite Inc., Respondent, v. Zollo Construction Corp. et al., Appellants

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

September 25, 1997

The IAS Court properly granted plaintiff's motion for summary judgment. Defendant's contention that triable issues of fact exist as to whether plaintiff delivered the subject goods in an untimely fashion, and whether defendant was damaged by such untimely delivery is unsupported by sufficient evidence and thus amounts to no more than conclusory allegations (see, Zuckerman v City of New York, 49 N.Y.2d 557, 562). We have reviewed...

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