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DANA DEBS v. LADY ROSE STORES

65 Misc.2d 697 (1970)

Dana Debs, Inc., Plaintiff, v. Lady Rose Stores, Inc., Defendant.

Civil Court of the City of New York, Special Term, New York County.

June 24, 1970

Attorney(s) appearing for the Case

Ruben Schwartz for plaintiff. Shea, Gallop, Climenko & Gould (Michael A. Nayor of counsel), for defendant.

BENTLEY KASSAL, J.

Both sides concede there is no issue of fact herein.

Plaintiff is a dress and suit manufacturer which received a written order from defendant for the purchase of some 288 garments. The order dated September 9, 1969, was on defendant's printed form and it advised plaintiff to "ship via Stuart, 453 W. 57th St.".

Stuart Express Co., Inc., picked up such shipment on September 12...

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