CAPITOL PIECE DYE WORKS, INC. v. KLEIN COAT CORP.


305 N.Y. 553 (1953)

Capitol Piece Dye Works, Inc., Appellant, v. Klein Coat Corp., Respondent.

Court of Appeals of the State of New York.

Decided March 5, 1953


Attorney(s) appearing for the Case

Maurice Leffert for appellant.

Leo Fixler and Reuben Feinberg for respondent.

Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE, FULD and FROESSEL, JJ.


Judgment of Appellate Division and order of Special Term reversed and motion denied, with costs in all courts. On this record there was presented a triable question of fact as to whether there was partial delivery and acceptance of the fabrics allegedly sold...

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