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

Majority

p. 888

Apache-Beals Corp., Appellant, v International Adjusters, Ltd., et al., Defendants, and Canadian Steel Sales, Ltd., Respondent.

Argued January 3, 1979;

decided February 13, 1979

p. 889

APPEARANCES OF COUNSEL

Edwin P. Yaeger for appellant.

Philip B. Ahramowitz for respondent.

OPINION OF THE COURT

Memorandum.

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

p. 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.

Cases cited

Rotuba Extruders, Inc. v. Ceppos 46 NY2d 223 N.Y. 1978-12-27 p. 890