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MOUNTAIN CANDY & CIGAR COMPANY, INC. v. DAIRY MART CONVENIENCE STORES, INC.

267 A.D.2d 570 (1999)

699 N.Y.S.2d 234

MOUNTAIN CANDY & CIGAR COMPANY, INC., Doing Business as MOUNTAIN/SERVICE DISTRIBUTORS, Respondent, v. DAIRY MART CONVENIENCE STORES, INC., Appellant.

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

Decided December 2, 1999.

Spain, J.

Plaintiff commenced this action for an account stated seeking to recover the balance due for merchandise sold and delivered between June 2, 1996 and July 3, 1996 to a Dairy Mart store allegedly owned by defendant. Following joinder of issue, defendant moved for summary judgment dismissing the complaint on the ground that, at the time of the sales at issue, the Dairy Mart store was owned and operated by a franchisee who was responsible for the debt. Finding...

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