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PETER PAN ICE CREAM CO., INC. v. BANQUE DE COMMERCE ET DE FINANCEMENT BANCOFIN

38 A.D.2d 544 (1971)

Peter Pan Ice Cream Co., Inc., Respondent, v. Banque De Commerce Et De Financement Bancofin S. A., Appellant, et al., Defendants. Hendries, Inc., Respondent, v. Banque De Commerce Et De Financement Bancofin S. A., Appellant, et al., Defendants

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

December 21, 1971

We heretofore granted summary judgment to the defendants (35 A.D.2d 412) and, as a result, the plaintiffs are entitled to know what the nature of the defendant-appellant's claim for damages will be. The trial involved imported ice cream and cake mix no longer in existence as to which there may be some problem establishing value. However, it would be unfair to impose a burden on this foreign defendant...

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