Legal Opinion
Apache-Beals Corp. v. International Adjusters, Ltd.
New York Court of Appeals
Decided February 13, 1979PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
Although appellant, contrary to the conclusion reached by the Appellate Division, has not conceded the existence of a shortage in the amount of steel sold to respondent Canadian, it has nevertheless failed to set forth any evidentiary facts sufficient to defeat respondent’s motion for summary judgment. (See Rotuba Extruders v Ceppos, 46 NY2d 223.)
Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Fuchsberg concur in memorandum.
Order affirmed.
2Cases cited1 opinion
- Rotuba Extruders, Inc. v. CepposNew York Court of Appeals · 1978
3Cited by3 opinions
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- Abacus Real Estate Finance Co. v. P.A.R. Construction & Maintenance Corp.Appellate Division of the Supreme Court of the State of New York · 1985
- Robert Half International, Inc. v. Re-Track USA Inc.Appellate Division of the Supreme Court of the State of New York · 1999