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PRONTI v. DML OF ELMIRA, INC.

103 A.D.2d 916 (1984)

Michael Pronti et al., Appellants, v. DML of Elmira, Inc., et al., Defendants, and Kobackers Enterprises, Inc., et al., Respondents

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

July 12, 1984

¶ Plaintiffs purchased dining room furniture manufactured by defendant Henredon Furniture Industries, Inc., from Kobackers, a store operated by defendants DML of Elmira, Inc., and Kobackers Enterprises, Inc. The furniture was ordered from a Henredon catalogue and was to be custom made. Plaintiffs added to the purchase order the words "delivered in perfect condition or withdraw from aggement [sic] to buy without penalty...

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