Legal Opinion

Marzotto v. Filene's Basement, Inc.

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

Decided March 27, 1995PublishedCited by 4 opinions

1Opinion of the Court

—In an action to recover payment for goods sold and delivered, and to recover upon an account stated, the defendant appeals from a judgment of the Supreme Court, Nassau County (Kutner, J.), entered September 16, 1993, which, upon an order of the same court, entered August 4, 1993, granting the plaintiffs motion for summary judgment, is in favor of the plaintiff and against it in the principal sum of $40,013.15.

Ordered that the judgment is reversed, on the law, without costs or disbursements, the order is vacated, and the plaintiffs motion for summary judgment is denied.

It is well settled that…

2Cases cited5 opinions

  1. Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
  2. County Oil Co. v. Bayview Owners Corp.Appellate Division of the Supreme Court of the State of New York · 1992
  3. Crocker Commercial Services, Inc. v. SafdieAppellate Division of the Supreme Court of the State of New York · 1985
  4. Avon Electrical Supplies, Inc. v. Baywood Electric Corp.Appellate Division of the Supreme Court of the State of New York · 1994
  5. Thorpe Electric Supply, Inc. v. ShannonAppellate Division of the Supreme Court of the State of New York · 1986

3Cited by4 opinions

  1. Dalton v. Educational Testing ServiceAppellate Division of the Supreme Court of the State of New York · 2002
  2. Peskin v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2003
  3. Eagle Work Clothes, Inc. v. Gent Uniform Rental Corp.Appellate Division of the Supreme Court of the State of New York · 2006
  4. Metered Appliances, Inc. v. 250 Tenants' Corp.Appellate Division of the Supreme Court of the State of New York · 2000

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