New York Court of Appeals, 1979

Apache-Beals Corp. v. International Adjusters, Ltd.

Apache-Beals Corp. v. International Adjusters, Ltd.
New York Court of Appeals · Decided February 13, 1979 · Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Fuchsberg Concur in Memorandum
46 N.Y.2d 888; 387 N.E.2d 617; 414 N.Y.S.2d 685; 1979 N.Y. LEXIS 1837

Apache-Beals Corp. v. International Adjusters, Ltd.

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

*890 Although appellant, contrary to the conclusion reached by the Appellate Division, has not conceded the existence of a shortage in the amount of steel sold to respondent Canadian, it has nevertheless failed to set forth any evidentiary facts sufficient to defeat respondent’s motion for summary judgment. (See Rotuba Extruders v Ceppos, 46 NY2d 223.)

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Fuchsberg concur in memorandum.

Order affirmed.

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