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MATTER OF BURMA BIBAS, INC. v. TOYOSHIMA & CO., INC.

60 A.D.2d 554 (1977)

In the Matter of Burma Bibas, Inc., Respondent, v. Toyoshima and Co., Inc., Appellant

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

December 27, 1977

Unanimously reversed, on the law, and vacated petition denied and cross motion granted, with $40 costs and disbursements of this appeal to appellant.

Burma and Toyoshima are merchants in the textile industry. Burma is a manufacturer and distributor of garments, Toyoshima is an importer. On or about July 7, 1976, Burma ordered 1,600 dozen sweaters from Toyoshima. In a form labeled "sales contract", dated July 7, 1976, Toyoshima confirmed the sale. The name of Toyoshima...

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