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BABY TOGS, INC. v. HAROLD TRIMMING CO., INC.

67 A.D.2d 868 (1979)

Baby Togs, Inc., Appellant, v. Harold Trimming Company, Inc., Respondent

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

February 15, 1979

Plaintiff has expressly withdrawn its appeal from the judgment in favor of defendant on the counterclaim. Plaintiff's papers in opposition to the motion for summary judgment dismissing the complaint are sufficient to raise a triable issue of fact to support its version of the facts. That version is that plaintiff and defendant agreed that plaintiff would buy certain tape at a price of $46 per thousand yards or $.046 per yard; that...

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