Erwin Pearl, Inc. v. Burroughs Corp.

OPINION OF THE COURT

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, with costs, for the reasons stated in the memorandum of the Appellate Division (98 AD2d 619). We would add only that plaintiff’s affidavit on its motion to reargue failed to establish the merit of its case (see Canter v Mulnick, 60 NY2d 689).

Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye.