Legal Opinion
Construction & Marine Equipment Co. v. Thomas Crimmins Contracting Co.
Appellate Division of the Supreme Court of the State of New York
Decided July 19, 1993PublishedCited by 10 opinions
1Opinion of the Court
In an action to recover damages for breach of contract and upon an account stated, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Westchester County (Nastasi, J.), entered August 16, 1991, as denied its motion for summary judgment on the second cause of action set forth in the verified complaint.
Ordered that the order is affirmed insofar as appealed from, with costs.
We agree with the Supreme Court that the evidence of the parties’ course of dealings, as set forth in the defendant’s papers in opposition to the motion, raises a triable issue of…
2Cases cited4 opinions
- James Talcott, Inc. v. United States Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1976
- Clune, Inc. v. Healthco Medical SupplyAppellate Division of the Supreme Court of the State of New York · 1980
- Scheichet & Davis, P. C. v. SteingerAppellate Division of the Supreme Court of the State of New York · 1992
- Ronny-Gerard, Inc. v. ZimmermanAppellate Division of the Supreme Court of the State of New York · 1989
3Cited by10 opinions
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- Citibank (South Dakota), N.A. v. Brown-SerulovicAppellate Division of the Supreme Court of the State of New York · 2012
- Hornell Brewing Co. v. High Grade BeverageAppellate Division of the Supreme Court of the State of New York · 2000
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