Legal Opinion

Eldon Group America, Inc. v. Equiptex Industrial Products Corp.

Appellate Division of the Supreme Court of the State of New York

Decided February 27, 1997PublishedCited by 5 opinions

1Opinion of the Court

—Order and judgment (one paper), Supreme Court, Bronx County (Luis Gonzalez, J.), entered October 26, 1995, granting plaintiff summary judgment on its cause of action for goods sold and delivered, awarding plaintiff damages and severing defendant’s counterclaims, unanimously affirmed, with costs.

Plaintiff proved a prima facie case through the affirmation of its attorney based upon documentary evidence (see, Russo v 491 W. St. Corp., 176 AD2d 672, 672-673), including proofs of delivery of the subject goods, acknowledgments of receipt and admissions of delivery by defendant’s president at his…

2Cases cited5 opinions

  1. Austin Instrument, Inc. v. Loral Corp.New York Court of Appeals · 1971
  2. Gulf & Western Corp. v. Craftique Productions, Inc.District Court, S.D. New York · 1981
  3. Walbern Press, Inc. v. C.V. Communications Inc.Appellate Division of the Supreme Court of the State of New York · 1995
  4. Russo v. 491 West Street Corp.Appellate Division of the Supreme Court of the State of New York · 1991
  5. Sullivan County National Bank v. MasonAppellate Division of the Supreme Court of the State of New York · 1979

3Cited by5 opinions

  1. Zabari v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1998
  2. C & H Engineers, P. C. v. Klargester, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
  3. Moweta v. Citywide Home Improvements of Queens, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
  4. Prudential Securities Inc. v. RovelloAppellate Division of the Supreme Court of the State of New York · 1999
  5. Rozina v. Casa 74th Development LLCNew York Supreme Court · 2010

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