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ARTWEAR, INC. v. HUGHES

202 A.D.2d 76 (1994)

Artwear, Inc., Appellant, v. Frederick Hughes, Individually and as Executor of Andy Warhol, Deceased, et al., Respondents, et al., Defendants

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

August 25, 1994

Attorney(s) appearing for the Case

Nehemiah S. Glanc of counsel, New York City (Aaron Richard Golub, attorney), for appellant.

Paul J. Hanly, Jr., of counsel, New York City (Lewis S. Fischbein on the brief; Coblence & Warner, attorneys), for Frederick Hughes and others, respondents.

Christopher Smith of counsel, New York City (Beth D. Jacob on the brief; Carter, Ledyard & Milburn, attorneys), for The Andy Warhol Foundation for the Visual Arts, Inc., respondent.

CARRO, WALLACH, RUBIN and WILLIAMS, JJ., concur.

SULLIVAN, J. P.

Plaintiff Artwear, Inc., a New Mexico corporation licensed to do business in New York, which manufactures and sells apparel, particularly "T-shirts", sues to recover damages arising out of the refusal of the estate of Andy Warhol to approve any of its products for distribution and sale under an agreement it had with defendant Schlaifer Nance & Company, Inc. (SNC) to act as SNC's sublicensee...

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