Hyperlawhypertext legal database Seprieo Constuction Co. v. Chevron Oil Co. 42 A.D.2d 769

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Seprieo Constuction Co. v. Chevron Oil Co.

42 A.D.2d 769 Court N.Y. App. Div. Decision date 1973-07-23 English

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p. 769
Seprieo Construction Co., Inc., Respondent, v. Chevron Oil Company, Inc., Appellant.

In an action to recover a balance allegedly owing for material furnished, defendant appeals from an order of the Supreme Court, Westchester County, dated July 11, 1972, which granted plaintiff’s motion for summary judgment. Order reversed, with $20 costs and disbursements, and motion denied. A question of fact is presented in the papers on appeal and therefore the case must be tried. Martuscello, Acting P. J., Latham, Gulotta, Brennan and Benjamin, JJ,, concur.