Interman Industrial Products, Ltd. v. R. S. M. Electron Power, Inc.

Latham, J. (dissenting).

I dissent and vote to reverse the order under review and to grant the plaintiff’s motion for summary judgment.

The plaintiff, a distributor of silicone products, commenced this action and moved for summary judgment pursuant to CPLB 3213 against the defendant, a manufacturer of silicone transistors, on the basis of five statements of account, totaling $40,839.94, one a month from April, 1973 through August, 1973, representing merchandise shipped and delivered to the defendant from early April, 1973 through the first week of August, 1973, pursuant to several purchase…