V. Foscato, Inc. v. Preco Chemical Corp.

In an action to recover damages for work, labor and services, the plaintiff moves for summary judgment.

The complaint in pertinent part alleges in three causes of action that on three occasions, at the request of the defendant, plaintiff sold and delivered tiles to various job sites and that on one occasion the plaintiff also furnished the labor in installing such tiles. The answer pleads certain denials and two affirmative defenses, the essence of which is that the defendant was acting as the agent of one Italia Tile Corp., which fact was known to the plaintiff when the defendant requested it…