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FIUR CO. v. ATAKA & CO.

71 A.D.2d 370 (1979)

A. W. Fiur Co., Inc., Appellant, v. Ataka & Co., Ltd., et al., Respondents

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

December 13, 1979

Attorney(s) appearing for the Case

Louis Zlotolow of counsel (Douglas Heller with him on the brief; Friedman, Krauss & Zlotolow, attorneys), for appellant.

Eugene J. Moran of counsel (Moran & Broderick, attorneys), for respondents.

KUPFERMAN, J. P., BIRNS, SANDLER and MARKEWICH, JJ., concur.

FEIN, J.

Plaintiff is engaged in the business of acting as sales agent or representative for the sale of fabrics. Sometime in 1974 plaintiff and defendant Ataka & Co., Ltd. (Ataka) engaged in negotiations pursuant to which plaintiff agreed to act as Ataka's nonexclusive sales agent for fabrics sold in the United States and Canada. During the period of the negotiations plaintiff acted as such sales agent and...

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