Legal Opinion
Interman Industrial Products, Ltd. v. R. S. M. Electron Power, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided June 3, 1974PublishedCited by 4 opinions
1Opinion of the CourtHopkins, J.
The defendant, a manufacturer of transistors for electronic equipment, purchased ¡silicon material from the plaintiff. Claiming that the sum of $40,839.94 was due to it upon an account stated for merchandise delivered to the defendant under the la tier’s purchase orders, the plaintiff served a summons and a motion for summary judgment on the defendant pursuant to CPLR 3213, on the theory that the action was based on instruments for the payment of money only. The Special Term denied the motion on the ground that an account stated dpes not constitute an agreement for the payment of money only…
2Cases cited4 opinions
- Newburger-Morris Co. v. . TalcottNew York Court of Appeals · 1916
- Volkening v. . DegraafNew York Court of Appeals · 1880
- Knickerbocker v. . GouldNew York Court of Appeals · 1889
- Brickman v. Niagara Fruit Co.New York Supreme Court · 1971
3Cited by4 opinions
- Interman Industrial Products, Ltd. v. R. S. M. Electron Power, Inc.New York Court of Appeals · 1975
- Haug v. Metal City Findings Corp.Appellate Division of the Supreme Court of the State of New York · 1975
- Ace Office Cleaning Corp. v. Brodsky, Hopf & Adler, P. C.Civil Court of the City of New York · 1975
- Stern v. Chemical BankCivil Court of the City of New York · 1975