GLICK & DOLLECK v. TRI-PAC EXP. CORP.


22 N.Y.2d 439 (1968)

Glick & Dolleck, Inc., Respondent, v. Tri-Pac Export Corp., Appellant.

Court of Appeals of the State of New York.

Decided July 2, 1968.


Attorney(s) appearing for the Case

Ira Rubin and Lester Sacks for appellant.

Abraham J. Springer and Albert S. Krautheimer for respondent.

Judges BURKE, SCILEPPI and BERGAN concur with Judge JASEN; Chief Judge FULD and Judges KEATING and BREITEL dissent and vote to affirm in a memorandum.


JASEN, J.

In this action to recover the sales price of "Salty Dog" scrubdenims sold by plaintiff to defendant, the Appellate Division has affirmed Special Term's order granting summary judgment and the judgment entered thereon.

We are told that "scrubdenim" is ordinary denim fabric which is put through a scrubbing or brushing process so as to create a nap on the fabric. According to plaintiff's supporting...

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