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


41 N.Y.2d 1035 (1977)

Fields Plastics & Chemicals, Inc., Respondent, v. Collagen Corp. et al., Appellants.

Court of Appeals of the State of New York.

Decided April 28, 1977.


Attorney(s) appearing for the Case

Emanuel Dannett and Jack Weinberg for appellants.

Sidney A. Fine, David J. Rosen and Burton M. Fine for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.


MEMORANDUM.

We would affirm the order of the Appellate Division. The sales contract provided that respondent would be entitled to $50,000 in the event appellants have "gross receipts from the commercial production" of appellants' "Kroytan" product "at the end of the first year of * * * commercial production." Appellants admit that they engaged in the manufacture and sale of the product being developed for the required period, but argue that this activity was limited...

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