Lewis E. Iandoli v. Florence C. Lange Book Reviews

Lewis E. Iandoli v. Florence C. Lange by Supreme Court of New York Book Summary

[35 A.D.2d 793 Page 793] The complaint alleges that during the period from January 3, 1968 to September 26, 1969, plaintiff sold and delivered, atdefendant's request and upon her promise to pay therefor, coal and fuel oil of the value of $64,224.57. Pursuant to the statute (CPLR 3016, subd. [f]) plaintiff's cause of action was supported by a detailed schedule consisting of some 380 separate items, setting forth dates, quantities, types of fuel or services, and agreed price and reasonable value. A second cause of action was alleged upon an account stated. The answer consisted only of general denials. Defendant does not dispute the amount due nor does she dispute plaintiff's employee Eichhorn's assertion that he told her that deliveries would be made only her individual responsibility. General denials in an answer are insufficient to raise triable issues. (Duban v. Platt, 23 A.D.2d 660, affd. 17 N.Y.2d 526; Bertolf Bros. v. Leuthardt, 261 App. Div. 981; Anderson v. City of New York, 258 App. Div. 588.) Moreover,an analysis of the instant [35 A.D.2d 793 Page 794]

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