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HOOPER HANDLING, INC. v. JONMARK CORPORATION

267 A.D.2d 1075 (1999)

701 N.Y.S.2d 577

HOOPER HANDLING, INC., Respondent, v. JONMARK CORPORATION, Doing Business as PREMIUM WINE AND SPIRITS, Appellant.

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

Decided December 30, 1999.

Judgment unanimously reversed on the law without costs and motion denied.

Memorandum:

Plaintiff commenced this action seeking payment from defendant for goods sold and delivered. Defendant agreed to purchase from plaintiff shelving and mezzanine construction for its retail liquor store. The shelving and mezzanine were delivered and installed during September, October and November 1995. During installation, defendant complained to plaintiff that the shelving...

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