B & C Smith, Inc. v. Lake Placid 1980 Olympic Games, Inc.

In an action to recover the balance due for goods sold and delivered, the defendant appeals from a judgment of the Supreme Court, Westchester County (Cerrato, J.), dated September 19, 1980, which was in favor of the plaintiff upon the granting of plaintiff’s motion for summary judgment. Judgment reversed, with $50 costs and disbursements, plaintiff’s motion for summary judgment is denied and defendant’s answer is reinstated. About one month after the complaint was served, and two weeks after issue was joined, the plaintiff moved, inter alia, to strike defendant’s answer and for summary…