Ordered that the order is affirmed, with costs.
On September 20, 2013, the plaintiff commenced this action to recover money allegedly owed by the defendant for goods delivered to the defendant's restaurant in East Northport from November 2009 to April 2010. Without first answering the complaint, the defendant moved for summary judgment dismissing the complaint. The Supreme Court stated that denial of the defendant's motion for summary judgment was "required because...
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