Apache-Beals Corp. v. International Adjusters, Ltd.
New York Court of Appeals
Apache-Beals Corp. v. International Adjusters, Ltd., 46 N.Y.2d 888 (N.Y. 1979)
387 N.E.2d 617; 414 N.Y.S.2d 685; 1979 N.Y. LEXIS 1837
Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Fuchsberg Concur in Memorandum
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.
Reference
- Full Case Name
- Apache-Beals Corp., Appellant, v. International Adjusters, Ltd., Et Al., Defendants, and Canadian Steel Sales, Ltd., Respondent
- Cited By
- 3 cases
- Status
- Published