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JUST IN-MATERIAL v. I.T.A.D.

94 A.D.2d 103 (1983)

Just in-Material Designs, Ltd., Respondent, v. I.T.A.D. Associates, Inc., Appellant

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

June 7, 1983

Attorney(s) appearing for the Case

Kenneth A. Schulman of counsel (Kreindler & Relkin, P. C., attorneys), for appellant.

Jed R. Schlacter of counsel (Lauritano & Schlacter, attorneys), for respondent.

SULLIVAN, J. P., and CARRO, J., concur with FEIN, J.; ROSS and LYNCH, JJ., dissent in an opinion by ROSS, J.

FEIN, J.

Defendant (I.T.A.D.) is an importer of greige (unfinished) textile fabrics. Plaintiff (Designs) is a textile converter which purchases unfinished goods and has them finished for resale. In late May or early June, 1981, Associated Textile Brokers Co. (Associated), a textile broker, negotiated a sale of piece goods by defendant to plaintiff. Each of the parties asserts the broker represented the other. On the face of the record it must be concluded...

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