Appellate Division of the Supreme Court of the State of New York January 4, 1979 (Transcontinental Music Corp. v. Gallo)

— Appeal from an order of the County Court of Schenectady County at Special Term, entered October 28, 1977, which granted plaintiff’s motion to withdraw his application for a trial de novo. The basic facts in this case are not in dispute. The issue presented is one of first impression. Plaintiff commenced this action to recover for goods allegedly sold and delivered to defendant.