PERLSTEIN v. KULLBERG AMATO PICACONE/ABP, INC.


158 A.D.2d 251 (1990)

Morton Perlstein, Appellant, v. Kullberg Amato Picacone/Abp, Inc., et al., Respondents

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

February 1, 1990


Plaintiff-appellant Perlstein was retained by defendants Kullberg Amato to produce certain VHS cassette tapes. Perlstein duly produced 414 videocassette "proofs" which were shipped, pursuant to defendants' instructions, to a Virginia distributor. The distributor was, in turn, to forward the videocassette tapes to certain hospitals which were clients of defendants.

Defendants failed to pay plaintiff's $60,000 invoice; instead defendants requested plaintiff do additional...

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