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A & J PRODUCE CORP. v. DE PALO INDUS., INC.

215 A.D.2d 317 (1995)

626 N.Y.S.2d 802

A & J Produce Corp. et al., Respondents, v. De Palo Industries, Inc., et al., Appellants

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

May 25, 1995

The commercial plaintiffs, who are joined by their trade association, are wholesale fruit and vegetable purveyors at the New York City Terminal Market at Hunts Point. They sued one of their corporate customers for goods sold and delivered, and its principal on his personal guaranty. The judgment included a liquidated sum of nearly $77,000 in attorneys' fees as provided for in the guaranty.

The defense of termination was...

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