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Chemical Distributors, Inc. v. Lekem, Inc.

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 2, 1996
224 A.D.2d 1015 (N.Y. App. Div. 1996)

Opinion

February 2, 1996

Appeal from the Supreme Court, Erie County, Sconiers, J.

Present — Pine, J.P., Fallon, Wesley, Doerr and Davis, JJ.


Order and judgment unanimously reversed on the law without costs and motion denied. Memorandum: Defendant interposed a valid counterclaim for breach of the underlying sales agreement. Thus, Supreme Court erred in granting plaintiff partial summary judgment for the amount allegedly due on goods sold and delivered (see, Created Gemstones v. Union Carbide Corp., 47 N.Y.2d 250, 255). There was no statutory or contractual basis for the court's award of attorney's fees to plaintiff (see, Locascio v. James V. Aquavella, M.D., P.C., 185 A.D.2d 689), nor is there a basis in the record for a discretionary award of attorney's fees to plaintiff as a sanction for frivolous conduct by defendant.


Summaries of

Chemical Distributors, Inc. v. Lekem, Inc.

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 2, 1996
224 A.D.2d 1015 (N.Y. App. Div. 1996)
Case details for

Chemical Distributors, Inc. v. Lekem, Inc.

Case Details

Full title:CHEMICAL DISTRIBUTORS, INC., Respondent, v. LEKEM, INC., Appellant

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Feb 2, 1996

Citations

224 A.D.2d 1015 (N.Y. App. Div. 1996)
638 N.Y.S.2d 568