J. MANES CO., INC. v. GREENWOOD MILLS, INC.


53 N.Y.2d 759 (1981)

J. Manes Co., Inc., Appellant, v. Greenwood Mills, Inc., Respondent.

Court of Appeals of the State of New York.

Decided April 7, 1981.


Attorney(s) appearing for the Case

Samuel Gottlieb, Milton Shalleck and Shelley L. Wallace for appellant.

Kurt J. Wolff for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and MEYER concur; Judge FUCHSBERG dissents and votes to reverse in an opinion.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

In this motion for summary judgment there is no evidentiary material in the record to support plaintiff's allegation, and conclusory assertion, that the seller from whom he purchased the goods was in the business of selling goods of that kind (Uniform Commercial Code, § 1-201, subd [9]; § 9-307, subd [1]), or that the defendant...

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