MEYERS v. WAVERLY FABRICS


65 N.Y.2d 75 (1985)

Pat A. Meyers, Appellant, v. Waverly Fabrics, Division of F. Schumacher & Company, Respondent.

Court of Appeals of the State of New York.

Decided May 7, 1985.


Attorney(s) appearing for the Case

Joel L. Hecker and Ellen P. Chapnick for appellant.

Albert J. Breneisen and Louis C. Dujmich for respondent.

Chief Judge WACHTLER and Judges JASEN, MEYER and KANE concur in Per Curiam opinion; Judge KAYE dissents in part and votes to affirm in a separate opinion in which Judge SIMONS concurs; Judge ALEXANDER taking no part.


Per Curiam.

Plaintiff is a designer who sold to defendant, a fabric manufacturer, a design referred to as "Cook's Stripe." She seeks damages and an injunction in a complaint alleging five causes of action: for breach of an express oral contract or a contract implied in fact; for misrepresentation through false labeling; for unauthorized licensing; for damages to her reputation through the inferior quality of the product licensed...

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