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EMPIRE MUN. SUPPLY CORP. v. T.I.J. MATERIALS CORP.

205 A.D.2d 1030 (1994)

613 N.Y.S.2d 786

Empire Municipal Supply Corporation, Respondent, v. T.I.J. Materials Corporation, Defendant, and Iberia Road Marking Corporation, Appellant

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

June 30, 1994

Yesawich Jr., J.

In July 1985, defendant Iberia Road Marking Corporation placed an order with defendant T.I.J. Materials Corporation (hereinafter TIJ), a distributor of highway safety products, for 100,000 feet of lane marking tape to be used for a job on the Staten Island Expressway in New York City. TIJ attempted to order the tape from plaintiff, a wholesaler of paint and marking supplies, but was informed...

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