Air Prods. & Chemicals, Inc. v County of Nassau

[*1] Air Prods. & Chemicals, Inc. v County of Nassau 2004 NY Slip Op 51036(U) Decided on September 20, 2004 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on September 20, 2004
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
PRESENT:DECIDED September 20, 2004 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS PRESENT : McCABE, P.J., COVELLO and TANENBAUM, JJ.
NO.2003-1292 N C

AIR PRODUCTS AND CHEMICALS, INC., Respondent,

against

COUNTY OF NASSAU, NASSAU COUNTY POLICE DEPARTMENT, Appellants.

Appeal by defendants from an order of the District Court, Nassau County (J. Spinola, J.), dated June 13, 2003, which denied their motion to dismiss the action pursuant to CPLR 3211 (a) (7).

Order unanimously affirmed without costs.

In an action to recover $12,182.86 for the delivery of oxygen supplies to the Nassau County Police Department for use in police emergency vehicles, upon review of the record, we find that the court below properly found that the facts alleged in the complaint, accepted as true, fit within a cognizable legal theory.
Decision Date: September 20, 2004