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GOLDEN STAR IMPORTS, LTD. v. ABRAMOV & SONS, INC.

158996/14. Appeal No. 12962. Case No. 2020-00040.

190 A.D.3d 602 (2021)

2021 NY Slip Op 00386

Golden Star Imports, Ltd., Appellant, v. Abramov & Sons, Inc., et al., Respondents.

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

Decided January 26, 2021.

Attorney(s) appearing for the Case

Stein & Stein, LLP, Haverstraw ( Ari J. Stein of counsel), for appellant.

Bernard F. Ferrera , Maspeth, for respondents.

Concur—Gische, J.P., Kern, Moulton, Shulman, JJ.

Plaintiff was unable to relate with specificity which items sold were the source of the balance allegedly owed by defendants to plaintiff (see CPLR 3016[f]; Epstein, Levinsohn, Bodine, Hurwitz & Weinstein, LLP v Shakedown Records, Ltd., 8 A.D.3d 34, 35 [1st Dept 2004]). The parties agreed at trial that plaintiff did not apply defendants' payments to specific items on the invoices...

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