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McKESSON CORP. v. GABE'S PHARMACY, INC.

248 A.D.2d 445 (1998)

669 N.Y.S.2d 518

McKesson Corporation, Doing Business as S-P Drug Company, Inc., Respondent-Appellant, v. Gabe's Pharmacy, Inc., Doing Business as Gabe's Pharmacy, Appellant-Respondent

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

March 9, 1998

Ordered that the order is affirmed, without costs or disbursements.

The Supreme Court properly denied the motion of the plaintiff McKesson Corporation, doing business as S-P Drug Company, Inc. (hereinafter McKesson), for summary judgment since the affidavit of the president of the defendant Gabe's Pharmacy, Inc., doing business as Gabe's Pharmacy (hereinafter the Pharmacy), created an issue of fact as to whether there was an account stated, and as to the amount of...

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