Appellate Division of the Supreme Court of the State of New York November 10, 1986 (Kapral's Tire Service, Inc. v. Aztek Tread Corp.)

Memorandum: The court erred in denying defendant’s motion for summary judgment.

The facts indicate that Aztek Tread Corporation, doing business as American Tread Corp. (Aztek) entered into a contract with defendant Montgomery Ward & Company agree*1012ing to sell and deliver to Montgomery Ward certain quantities of retread tires.