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ATLANTIC AM. FIRE EQUIP. CO. v. JOHN V. WARREN, INC.

No. 3804-11, Rji No. 01-11-105326.

2012 NY Slip Op 30133(U)

ATLANTIC AMERICAN FIRE EQUIPMENT COMPANY, Plaintiff, v. JOHN V. WARREN, INC. and WILLIAM A. YOUNG Defendants.

Supreme Court, Albany County.

January 20, 2012.

Attorney(s) appearing for the Case

Conor E. Brownell, Esq. , Ganz Wolkenbreit & Siegfeld, LLP, One Columbia Circle, Albany, NY 12203, Attorneys for Plaintiff.

Paul C. Marthy, Esq. , Breakell Law Firm P.C., 10 Airline Drive, Suite #205, Albany, NY 12206, Attorneys for Defendant John V. Warren, Inc.

DECISION and ORDER

JOSEPH C. TERESI, Judge.

Plaintiff commenced this action to recover the amount due on its unpaid invoices, for materials purchased by John V. Warren, Inc. (hereinafter "Defendant"). Issue was joined and Plaintiff now moves for summary judgment.1 Defendant opposes the motion by cross-moving to amend its answer, to add a Business Corporations Law § 1312(a) affirmative defense. Because Defendant failed to...

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