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DELTA TANNING CORP. v. SAMBER LEATHER FASHIONS

No. 85 Civ. 9803 (PKL).

654 F.Supp. 1285 (1987)

DELTA TANNING CORP., Plaintiff, v. SAMBER LEATHER FASHIONS, LTD., Defendant.

United States District Court, S.D. New York.

March 6, 1987.

Attorney(s) appearing for the Case

Anthony K. Dilimetin, P.C., New York City (Robert H. Wolff, of counsel), for plaintiff.

Salon, Marrow & Dyckman, New York City (George N. Abrahams, of counsel), for defendant.

OPINION AND ORDER

LEISURE, District Judge:

Plaintiff has moved for summary judgment on its contract claim for non-payment of goods sold and delivered. Plaintiff has also moved to dismiss defendant's counterclaim or, alternatively, for a severance of defendant's counterclaim.

"[A]t the summary judgment stage the judge's function is not himself to weigh the evidence and determine the truth of the matter...

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