Majority
p. 1015Fourth Department, May, 1973 (May 18, 1973) Paul B. Erdman et al., as Partners Doing Business as Erdman & Anthony, Respondents, v. Eugene Hartung, Appellant.
Judgment unanimously affirmed, with costs, upon the opinion at Special Term. We also note that defendant has failed to set forth any fact in support of his assertion that he has a defense to the account. (Accord Farmers Coop. v. Levine, 36 A D 2d 656 ; Beck v. Greinert, 29 A D 2d 712 .) (Appeal from judgment of Monroe Special Term in action for breach of contract.) Present — Goldman, P. J., Del Vecchio, Witmer, Moule and Cardamone, JJ.
Cases cited
- Accord Farmers Cooperative, Inc. v. Levine 36 A D 2d 656 p. 1015