FIELDS PLASTICS & CHEMS., INC. v. COLLAGEN CORP.


53 A.D.2d 574 (1976)

Fields Plastics & Chemicals, Inc., Appellant, v. Collagen Corp. et al., Respondents

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

June 22, 1976


Appellant shall recover of respondents $60 costs and disbursements of this appeal. Defendants' own admissions, in annual reports and prospectuses, establish that they engaged in commercial production of the product being developed for more than one year and that substantial revenues were derived from sales. The mere fact that the venture was unprofitable is of no consequence under the parties' agreement. Accordingly, we find no genuine triable issues raised hereon precluding...

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