Townside Furniture & Decorators, Inc. v. Best Lumber & Millwork Co.

In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Queens County (Lonschein, J.), dated July 10, 1987, which denied its motion for summary judgment.

Ordered that the order is affirmed, with costs to the third-party defendant Styro Sales Company.

We find, as did the Supreme Court, that triable issues of fact exist as to whether, inter alia, the plaintiff rejected the nonconforming goods in a timely fashion (see, Fil-Coil Co. v International Power Sys. Equip. Corp., 123 AD2d 599; General Elec. Credit Corp. v Xerox Corp.,…