DUMONT HANDKERCHIEFS, INC. v. NIXDORF COMPUTER, INC.


63 A.D.2d 618 (1978)

Dumont Handkerchiefs, Inc., Appellant-Respondent, v. Nixdorf Computer, Inc., Respondent-Appellant

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

May 23, 1978


Unanimously modified, on the law, by reversing so much thereof as awarded judgment to defendant on its counterclaim, remanding this matter for a new trial on the counterclaim, and, as modified, affirmed, without costs and without disbursements.

There is ample evidence in the record to support the trial court's determination that the plaintiff did not effectively reject the computer but continued to enjoy its beneficial use...

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