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WEHRINGER v. WEST PUBL'G CO. INC.

54 A.D.2d 638 (1976)

Cameron K. Wehringer, Appellant, v. West Publishing Company Incorporated, Respondent

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

October 14, 1976

Unanimously affirmed, without costs and disbursements.

In May 1975, the defendant sent an unordered, updated edition of its Federal Rules of Civil Procedure to the plaintiff who had ordered, received and paid for an earlier edition in 1972. The latter notified the defendant that he was treating the new book as an unconditional gift under subdivision 2 of section 396 of the General Business Law and subdivision 1 of section 5-332 of the General Obligations Law. The...

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