CRESCENT CORP. v. TROPICAL MKT.

2016-2151 S C.

60 Misc.3d 32 (2018)

79 N.Y.S.3d 847

2018 NY Slip Op 28206

CRESCENT PACKING CORP., Respondent, v. TROPICAL MARKET, INC., et al., Appellants.

Supreme Court, Appellate Term, Second Department.

Decided June 28, 2018.


Attorney(s) appearing for the Case

Bouklas Gaylord, LLP ( Mark Gaylord of counsel) for appellants.

Law Offices of Stephen M. Abrami, PLLC ( Stephen M. Abrami of counsel) for respondent.


OPINION OF THE COURT

MEMORANDUM.

Ordered that the judgment is reversed, without costs, so much of the order dated July 1, 2016, as granted plaintiff's motion for summary judgment is vacated and plaintiff's motion is denied.

Plaintiff commenced this action to recover the principal sum of $7,210.72, which is the amount allegedly due on $48,705.59 of goods it had sold and delivered to defendant Tropical Market, Inc. Plaintiff also alleged a contractual...

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