PERIPHERAL EQUIP. v. FARRINGTON MFG. CO.


29 A.D.2d 11 (1967)

Peripheral Equipment, Incorporated, Appellant, v. Farrington Manufacturing Company, Respondent

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

November 30, 1967.


Attorney(s) appearing for the Case

Joseph Calderon of counsel (Bergerman & Hourwich, attorneys), for appellant.

Joseph M. Rigolio of counsel (Sullivan, Donovan, Hanrahan, McGovern & Lane, attorneys), for respondent.

CAPOZZOLI, TILZER and McGIVERN, JJ., concur with McNALLY, J.; STEUER, J. P., dissents and votes to reverse and grant summary judgment to plaintiff, in opinion.


McNALLY, J.

Plaintiff appeals from the order denying its motion for summary judgment. The action is grounded on an agreement dated June 25, 1964. Thereby, plaintiff sold to defendant patent rights, models and sketches relating to a Dataprinter. Defendant paid plaintiff $3,000 on the execution of the agreement, and agreed to pay the additional sum of $7,000 when letters patent were issued. Defendant agreed to manufacture...

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