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McDOWELL v. ATCO RUBBER PRODS., INC.

221 A.D.2d 876 (1995)

634 N.Y.S.2d 554

Robert B. McDowell, Doing Business as Columbia Distributors, Respondent, v. Atco Rubber Products, Inc., Appellant, et al., Defendant

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

November 30, 1995

Cardona, P. J.

In November 1993, plaintiff placed an order with Metalflex Corporation for the latter to produce a quantity of stainless steel ducts for plaintiff to resell to his customers. Plaintiff operates a company that sells fireplace materials and intended to sell the ducts to customers as liners in chimneys. Apparently, plaintiff was considering the purchase of the machine which processed the ducts if he was satisfied with the result. Before the...

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