Legal Opinion

Annex Manufacturing Corp. v. Georges Gotlib, Inc.

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

Decided October 1, 1992Published

1Opinion of the Court

— Order, Supreme Court, New York County (Myriam J. Altman, J.), entered January 8, 1992, which, insofar as appealed from, denied plaintiff’s motion for summary judgment, unanimously affirmed, without costs.

Triable issues of fact exist as to the fifth and largest of the invoices involved in the action, including whether a timely objection was made to it (see, James Talcott, Inc. v United States Tel. Co., 52 AD2d 197), and whether the delay in objecting, if any, was reasonable (see, Camp, Dresser & McKee v City of Niagara Falls, 142 AD2d 973). Nor can it be said as a matter of law that…

2Cases cited3 opinions

  1. Milau Associates, Inc. v. North Avenue Development Corp.New York Court of Appeals · 1977
  2. James Talcott, Inc. v. United States Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1976
  3. Camp, Dresser & McKee v. City of Niagara FallsAppellate Division of the Supreme Court of the State of New York · 1988

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