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PRIMEX INTL CORP. v. WAL-MART

89 N.Y.2d 594 (1997)

679 N.E.2d 624

657 N.Y.S.2d 385

In the Matter of Primex International Corp., Formerly Known as Primex International Trading Corporation, Appellant, v. Wal-Mart Stores, Inc., Respondent.

Court of Appeals of the State of New York.

Decided March 27, 1997.

Attorney(s) appearing for the Case

Garfunkel, Wild & Travis, P. C., Great Neck (David A. Zarett, Roy W. Breitenbach, Joseph E. Oliva and Steven J. Chananie of counsel), for appellant.

Leader & Berkon, New York City (Joseph G. Colao and Glen Silverstein of counsel), for respondent.

Chief Judge KAYE and Judges TITONE, BELLACOSA, SMITH, CIPARICK and WESLEY concur.

LEVINE, J.

In 1988, appellant Primex International Corporation was retained, on a transaction-by-transaction basis, by respondent Wal-Mart Stores, Incorporated as a buying agent for purchases of South American manufactured consumer goods. Two years later, Wal-Mart appointed Primex as its exclusive buying agent and, on February 6, 1990, the parties executed a three-year "Service Agreement" (the 1990 Agreement...

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