Kleet Lumber Co. v. J&J Foley Construction Corp.

— In two actions to recover for goods sold and delivered, defendants William Foley and Dennis Charette and plaintiff Kleet Lumber Co. cross-appeal from an order of the Supreme Court, Suffolk County (De Luca, J.), entered December 4, 1981, which denied all parties’ motions for summary judgment. Order affirmed, without Costs or disbursements. Although Special Term correctly concluded that issues of fact were present precluding summary judgment, it prematurely concluded that RPAPL 1371 is not applicable in this case. Defendants Dennis Charette and William Foley have raised, as an additional…