WIPPETTE SPORTSWEAR v. HAUER MILLS


77 Misc.2d 576 (1974)

Wippette Sportswear, Inc., Respondent, v. Hauer Knitting Mills Incorporated, Appellant.

Supreme Court, Appellate Term, First Department.

March 20, 1974


Attorney(s) appearing for the Case

Rothstein & Korzenik for appellant. Ruben Schwartz (Fogel, Kamhi & Spiegler, P. C., of counsel), for respondent.

QUINN and FINE, JJ., concur in Per Curiam opinion; FRANK, J., concurs in result in separate opinion.


Per Curiam.

In this action, plaintiff, after a dispute with defendant over the quality of its knitting, seeks the return of its unused yarn. Defendant concedes receipt of instructions from plaintiff to stop processing the yarn in December, 1971 and based its refusal to deliver the yarn on an asserted lien for services performed. Simultaneously with the commencement of this lawsuit plaintiff obtained an ex parte order...

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