NERCESSIAN v. HOMASIAN CARPET ENTERS., INC.


60 N.Y.2d 875 (1983)

Cinora Nercessian, as Executrix of Thomas Thomasian, Deceased, Appellant, v. Homasian Carpet Enterprises, Inc., et al., Respondents.

Court of Appeals of the State of New York.

Decided November 22, 1983.


Attorney(s) appearing for the Case

Bruce J. Ressler for appellant.

Joseph R. Zibelli for respondents.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.


MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, judgment granted to plaintiff on the liability issue and the matter remitted to Supreme Court, Westchester County, for further proceedings on the complaint.

In plaintiff's action for breach of contract, in which she seeks an injunction against further use of the trade name and damages, defendant did not challenge plaintiff's authority...

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