I.J.S. FABRICS, INC. v. DAN RIVER, INC.


56 N.Y.2d 755 (1982)

I.J.S. Fabrics, Inc., Appellant, v. Dan River, Inc., Respondent.

Court of Appeals of the State of New York.

Decided May 13, 1982.


Attorney(s) appearing for the Case

Martin W. Fogel for appellant.

Donald L. Kreindler and Jeffrey S. Kaplan for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.


MEMORANDUM.

The order should be affirmed, with costs, for reasons stated in the memorandum at the Appellate Division (81 A.D.2d 525). We but add that, under the circumstances of this case, once the parties had agreed to the deletion of the warranty clause and the appellant on that basis had accepted respondent's sales note, whether the respondent still retained and thereafter exercised...

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