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RANDY KNITWEAR v. AM. CYANAMID CO.

7 A.D.2d 116 (1958)

Randy Knitwear, Inc., Respondent, v. American Cyanamid Company et al., Defendants, and Fairtex Mills, Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

December 18, 1958.

Attorney(s) appearing for the Case

Sidney Fox of counsel (Arthur E. Blyn with him on the brief; Fish & Fox, attorneys), for appellant.

Jerrold M. Sonet of counsel (Levy & Sonet, attorneys), for respondent.

Donovan Leisure Newton & Irvine for American Cyanamid Company, amicus curiæ.

BOTEIN, P. J., BREITEL, M. M. FRANK, VALENTE and STEVENS, JJ., concur.

Per Curiam.

The plaintiff, Randy Knitwear, Inc., entered into a series of 121 contracts for the purchase of specified textiles, which were delivered to it in New York over a period of several months. It made payment for the goods, except that a proportionately small unpaid balance remained for which the defendant, Fairtex Mills, Inc., counterclaims.

In its cause of action asserted against Fairtex Mills in the...

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