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CHINA EXPRESS v. VOLPI & SON

126 A.D.2d 239 (1987)

China Express, Inc., Appellant, v. Volpi & Son Machine Corp., Respondent

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

March 24, 1987

Attorney(s) appearing for the Case

Samuel A. Abady of counsel (Matthew G. Dineen with him on the brief; Abady & Jaffe, attorneys), for appellant.

Anthony P. Gallo of counsel (Gallo & Buonora, attorneys), for respondent.

SANDLER, J. P., CARRO and ELLERIN, JJ., concur.

SULLIVAN, J.

China Express, Inc., an Arizona corporation engaged in the manufacture and sale of Oriental foodstuffs, sued Volpi & Son Machine Corp., a New York corporation not qualified to do business in Arizona, in the Superior Court of Arizona for breach of contract and fraudulent conversion arising out of Volpi & Son's failure to deliver a noodle processing machine and to refund the $8,000 which China...

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