BILLBOARD SPORTSWEAR, INC. v. KAPADIA

Defendants have never refuted documentary evidence that they agreed to pay for the subject goods and actually made payments for them. Defendants raise only immaterial issues and improperly attempt to avoid summary judgment in the hope that a question of fact will be raised in cross-examining Plaintiff's witness ( see, Badman v Civil Serv. Empls. Assn., 91 AD2d 858). We have considered defendants' remaining arguments and find them to be without merit.