J. Gerber & Co. v. Long Island Pipe Fabrication & Supply Corp.

— Order, Supreme Court, New York County (Price, J.), entered January 14, 1982, which denied plaintiff’s motion for summary judgment in lieu of complaint pursuant to CPLR 3213, unanimously reversed, on the law, with costs, and the plaintiff’s motion for summary judgment is granted. On January 19, 1981, plaintiff J. Gerber & Co., Inc. (Gerber), delivered pipe to the defendant Long Island Pipe Fabrication & Supply Corp. (Long Island Pipe) pursuant to two separate sales contracts which were evidenced by Gerber’s Invoices Nos. 62341 and 62371. The shipment was part of a number of sales and…