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KENT & SONS v. RUBINSTEIN INC

47 N.Y.2d 561 (1979)

G. B. Kent & Sons, Ltd., Appellant, v. Helena Rubinstein, Inc., Respondent.

Court of Appeals of the State of New York.

Decided July 10, 1979.

Attorney(s) appearing for the Case

James L. Dooley, Washington D. C., admitted on motion pro hac vice, for appellant.

Robert E. Anderson for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, WACHTLER and MEYER concur; Judge FUCHSBERG taking no part.

JONES, J.

The erroneous date rule — that a termination notice which erroneously identifies the termination date is nonetheless sufficient to effect a termination as of the first proper termination date — is applicable notwithstanding that termination triggered certain option rights in the recipient of the notice, at least where there is no proof that the application of the rule would impose any...

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