TEC AMERICA, INC. v. GLOBE MONTE METRO, INC.

Decision Date29 April 2002
Citation741 N.Y.S.2d 431,293 A.D.2d 739
PartiesTEC AMERICA, INC., Appellant,<BR>v.<BR>GLOBE MONTE METRO, INC., Respondent.
CourtNew York Supreme Court — Appellate Division

Santucci, J.P., Altman, Townes and Crane, JJ., concur.

Ordered that the order is reversed, on the law, with costs, and the motion is granted.

The plaintiff seeks to recover the sum of $497,010 from the defendant for breach of contract and goods sold and delivered. The plaintiff established its entitlement to summary judgment based on the affidavit of its controller, documentary evidence, and admissions made by a principal of the defendant in another proceeding. The defendant's conclusory and unsubstantiated allegations in opposition to the motion failed to establish the existence of a triable issue of fact with respect to its claim that it is entitled to a setoff for breach of a related agreement or with respect to its statute of limitations defense (see Zuckerman v City of New York, 49 NY2d 557, 562). Consequently, the Supreme Court should have granted the plaintiff's motion.

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3 cases
  • Hack v. Stang
    • United States
    • U.S. District Court — Southern District of New York
    • 1 Septiembre 2015
    ...the note amounts allegedly overpaid on prior loans" but failed to present "any facts in support thereof); Tec Am., Inc. v. Globe Monte Metro, Inc., 293 A.D.2d 739 (N.Y. App. Div. 2002) ("The defendant's conclusory and unsubstantiated allegations in opposition to the motion failed to establi......
  • Hack v. Stang, 13-cv-7253 (AJN)
    • United States
    • U.S. District Court — Southern District of New York
    • 1 Septiembre 2015
    ...note amounts allegedly overpaid on prior loans" but failed to present "any facts in support thereof"); Tec Am., Inc. v. Globe Monte Metro, Inc., 293 A.D.2d 739 (N.Y. App. Div. 2002) ("The defendant's conclusory and unsubstantiated allegations in opposition to the motion failed to establish ......
  • Town of Hempstead v. Lizza Industries, Inc.
    • United States
    • New York Supreme Court — Appellate Division
    • 29 Abril 2002

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