Bangor Clothing Co. v. Superior Sportswear Corp.

Order, granting partial summary judgment to plaintiff, and the judgment entered thereon, unanimously modified, on the law and the facts, to the. extent of granting plaintiff’s motion for summary judgment in the full' amount demanded in the complaint, less the sum of $500 paid by defendant on March 30, 1964, and, as so modified, the order and judgment are affirmed, with $50 costs and disbursements to plaintiff-appellant. We agree with Special Term that defendant failed to raise triable issues as to its defense that a trade custom existed for maintaining an open running account for periodic…