R.A.K. Industries v. Village of Saranac Lake, Inc.

Appeal from an order of the Supreme Court at Special Term (Dier, J.), entered May 13, 1983 in Franklin County, which denied defendant’s motion to dismiss the complaint. Kin its complaint, plaintiff seeks to recover from defendant the sum of $8,388.90, representing the claimed reasonable value of goods sold by plaintiff to defendant, plus the additional sum of $199.50 in shipping charges. Prior to answering, defendant moved to dismiss the complaint upon the ground that plaintiff is not entitled to a recovery, as the sale or sales in question violated subdivision 1 of section 103 of the General…