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SYMPHONY FABRICS CORP. v. CREATIONS BY ARIA, INC.

111 A.D.2d 650 (1985)

Symphony Fabrics Corporation, Respondent-Appellant, v. Creations by Aria, Inc., et al., Appellants-Respondents

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

June 13, 1985

Plaintiff is a seller of fabrics and defendants, who share a community of interests, are long-time customers. In 1980, a dispute arose over materials purchased by both defendants. Defendants originally ordered two fabric styles from plaintiff and received insufficient shipments of one of them, style 555. To remedy this, defendant Aria switched to a different fabric. Aria also requested that plaintiff pick up the shipments of style 555 which were no longer needed and credit...

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