APACHE-BEALS CORP. v. INTERNATIONAL ADJUSTERS

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Although appellant, contrary to the conclusion reached by the Appellate Division, has not conceded the existence of a shortage in the amount of steel sold to respondent Canadian, it has nevertheless failed to set forth any evidentiary facts sufficient to defeat respondent's motion for summary judgment. (See Rotuba Extruders v Ceppos, 46 N.Y.2d 223.)

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur in memorandum.

Order affirmed.