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DICINI, INC. v. WILLIAM HENGERER CO.

171 A.D.2d 515 (1991)

Dicini, Inc., Respondent, v. William Hengerer Company, Respondent and Third-Party Plaintiff-Respondent. C.F. Air Freight, Inc., Third-Party Defendant-Appellant

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

March 19, 1991

The appeals from the March 14, 1990 judgment and April 6, 1990 order of the same court and Justice are dismissed, without costs, in view of the entry of the July 17, 1990 final judgment.

Dicini and Hengerer, a retailer, agreed to sell Dicini's jewelry at a one-day sale with the proceeds to be divided 58% to Dicini and 42% to Hengerer, with all unsold merchandise to be returned to Dicini via Hengerer's carrier, C.F. Air. Subsequently, after receiving the shipment of...

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