ROSENTHAL & ROSENTHAL, INC. v. JOHN KUNSTADT, INC.


106 A.D.2d 277 (1984)

Rosenthal & Rosenthal, Inc., Appellant, v. John Kunstadt, Inc., Respondent

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

December 11, 1984


Plaintiff, an old-line factor, entered into an agreement with Ramsay Fabrics Co. (Ramsay) to factor Ramsay's accounts receivable. Thereafter, Ramsay sold and delivered two lots of merchandise to defendant. The invoices reflecting the sales duly noted the assignment of the proceeds to plaintiff and directed payment to it.

Approximately a month after each delivery defendant issued and delivered to plaintiff separate checks in payment for the goods. Plaintiff deposited...

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