American Bag & Metal Co. v. Alcan Aluminum Corp.

Order unanimously modified, on the law, and as modified, affirmed, with costs to respondent, in accordance with the following memorandum: Special Term properly denied defendant’s motion for summary judgment dismissing the first two causes of action. In the first cause of action plaintiff sues for breach of contract as assignee of Gene’s Enterprises’ contract with defendant, Alcan Aluminum Corporation (Al-can), under which Gene’s Enterprises agreed to dismantle and remove a heavy-gauge stretching machine located at Alcan’s plant in Oswego. Alcan asserts that the assignment from Gene’s…