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MODI RUBBER LTD. v. SILCEMON FASHIONS, INC.

152 A.D.2d 464 (1989)

Modi Rubber Limited, Appellant, v. Silcemon Fashions, Inc., Respondent

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

July 6, 1989

Between July 1985 and February 1986, plaintiff sold to defendant certain goods for an agreed total price of $55,165. In January 1987, defendant delivered to plaintiff five postdated checks totaling $55,165, the first two dated January 20, 1987, the third, fourth and fifth dated February 20, March 20, and April 20, 1987, respectively. Asserting that the checks were given as payment for the goods and that the last two checks were...

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