KESSNER & R'OWITZ v. WINCHESTER T'TILES


46 A.D.2d 239 (1974)

Kessner & Rabinowitz, Inc., Respondent, v. Winchester Textiles, Inc., Appellant

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

December 17, 1974.


Attorney(s) appearing for the Case

Leslie H. Goldenthal of counsel (Ruben Schwartz & Silverberg, attorneys), for appellant.

Simon J. Hauser of counsel (Mervin Rosenman, attorney), for respondent.

CAPOZZOLI, J., concurs with KUPFERMAN, J.; LUPIANO, J., concurs in an opinion in which CAPOZZOLI, J., also concurs; STEUER, J., dissents in an opinion in which NUNEZ, J. P., concurs.


KUPFERMAN, J.

It is alleged that plaintiff-respondent purchased from the defendant-appellant quantities of corduroy for processing to be held by the defendant for shipment upon call. From time to time, the plaintiff was billed and paid for the purchases. When plaintiff directed the defendant to ship to it the balance of the textiles on hand, theretofore purchased and paid for, the defendant refused, and this action was brought to recover the sums paid...

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