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MALDEN MILLS INDUS., INC. v. WALTER E. HELLER & CO., INC.

185 A.D.2d 771 (1992)

Malden Mills Industries, Inc., Appellant, v. Walter E. Heller & Company, Inc., et al., Respondents

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

August 20, 1992

It is not disputed that a factor may exercise its contractual right of charge back irrespective of the merits of any dispute between the seller and the purchaser of the merchandise (Tex Styles Group v Republic Factors Corp., 106 A.D.2d 257, affd 64 N.Y.2d 959). Here, in opposition to defendant factor's motion for summary judgment, plaintiff seller established, at best, that an officer of...

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