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GOLDSTEIN v. OLYMPUS OPTICAL CO., LTD.

98 A.D.2d 991 (1983)

David G. Goldstein et al., as Assignees of Lloyd H. Relin, as Trustee in Bankruptcy of Elgeet Optical Co., Inc., Appellants-Respondents, v. Olympus Optical Co., Ltd., Respondent, and Olympus Corporation of America et al., Respondents-Appellants, et al., Defendants

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

December 16, 1983

Order unanimously modified and, as modified, affirmed, with costs to defendants Olympus Corporation of America and Ataka, in accordance with the following memorandum:

Defendants Ataka and Olympus Corporation of America should be granted summary judgment dismissing the third cause of action alleging conversion. The agreement between Elgeet Optical Co. Inc. (plaintiffs' assignor) and defendant Ataka establishes that Ataka retained title to the goods. The agreement provided...

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