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FREDERICK MODELL, INC. v. FAIRFAX DISTRIB. CO., INC.

120 A.D.2d 430 (1986)

Frederick Modell, Inc., Respondent, v. Fairfax Distributing Co., Inc., Appellant

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

May 20, 1986

Plaintiff is a wholesale seller of diamonds and diamond jewelry, while defendant is a retail seller of jewelry, with about 200 retail stores located in various parts of the United States.

For nearly 15 years, extending from 1969 to approximately 1983, plaintiff consigned large quantities of jewelry to defendant. Routinely, during that period, unsold merchandise would be returned and reconsigned, and periodically the parties...

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