McDOWELL & WALKER, INC. v. MICHA

516375

113 A.D.3d 979 (2014)

979 N.Y.S.2d 420

2014 NY Slip Op 399

McDOWELL & WALKER, INC., Appellant, v. DAVID MICHA et al., Respondents.

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

Decided January 23, 2014.


McCarthy, J.

Appeal from an order of the Supreme Court (Lambert, J.), entered October 2, 2012 in Delaware County, which denied plaintiff's motion for summary judgment.

In November 2002, plaintiff commenced this breach of contract action alleging that defendants failed to pay for fertilizer and feed that plaintiff delivered to them. Defendants answered and asserted a counterclaim that the feed was defective and injured their cows. Plaintiff filed a note of...

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