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MIL-SPEC INDUS. CORP. v. EXPANSION INDUS., LLC

2019-11939. Index No. 604712/15.

201 A.D.3d 651 (2022)

159 N.Y.S.3d 494

2022 NY Slip Op 00035

Mil-Spec Industries Corp., Appellant, v. Expansion Industries, LLC, et al., Respondents, et al., Defendants.

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

Decided January 5, 2022.

Attorney(s) appearing for the Case

Nicholas J. Damadeo, P.C., Huntington, NY, for appellant.

Ketover & Associates, LLC, Garden City, NY ( Joshua S. Ketover of counsel), for respondents.

Austin, J.P., Miller, Wooten and Zayas, JJ., concur.

Ordered that the judgment is affirmed, with costs.

In 2015, the plaintiff sold three used Ammo Load Mark III machines, which are used in the manufacture of ammunition, to the defendant Expansion Industries, LLC (hereinafter Expansion), an ammunition manufacturing company, for the total sum of $92,997. Expansion obtained financing to pay for the machines from the defendant CSC Leasing Co. (hereinafter CSC). According to a purchase order dated May 12, 2015, CSC paid...

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