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A&W EGG CO., INC. v. TUFO'S WHOLESALE DAIRY, INC.

8554. 302231/15. 8553.

169 A.D.3d 616 (2019)

95 N.Y.S.3d 72

2019 NY Slip Op 01498

A&W Egg Co., Inc., Respondent, v. Tufo's Wholesale Dairy, Inc., Appellant.

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

Decided February 28, 2019.

Plaintiff satisfied its prima facie burden by submitting packaging slips and invoices which showed that defendant placed orders for eggs on the dates at issue, the eggs were delivered to defendant and defendant accepted delivery, and defendant did not make any objections to the invoices or to the product (see Morrison Cohen Singer & Weinstein, LLP v Waters, 13 A.D.3d 51 [1st Dept 2004]; Sunkyong Am. v Beta Sound of Music Corp...

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