JOHN EVAN, JR., d/b/a

SENECA PRE CAST CONCRETE PRODUCTS,

Plaintiff,

-vs- Index #H-09895

J. STEVEN NELSON,

Defendant.

G. JEFFERY WEISE, ESQ.

for Plaintiff

SPOTO & SLATER

(Richard V. Slater, Esq.

of Counsel) for Defendant

DECISION AND ORDER

GERACE, J.

Plaintiff moves to strike defendant's answer and for summary judgment for the purchase price of septic tanks, assessories and other items on an open account. Defendant denies there are any arrearages on his account. This presents a question of fact to be determined at a trial of the action.

The motion is denied, without costs. Counsel are directed to file a scheduling order.

This is the Decision and Order of this Court. No further order is necessary.

Dated: November 23, 1994

Mayville, New York

JOSEPH GERACE

Justice of Supreme Court