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BERKSHIRE FASHIONS, INC. v. F.W. WOOLWORTH CO.

256 A.D.2d 246 (1998)

682 N.Y.S.2d 172

BERKSHIRE FASHIONS, INC., Appellant, v. F.W. WOOLWORTH CO., Respondent.

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

Decided December 29, 1998.

This action involves defendant-respondent F.W. Woolworth Co.'s (hereinafter Woolworth) alleged intentional misrepresentation of its financial plans to plaintiff-appellant Berkshire Fashions, Inc. (hereinafter Berkshire) while they were negotiating a long-term requirements contract. Woolworth and Berkshire had done business for over 40 years. Between April and June 1996, Berkshire and Woolworth entered into an agreement in which...

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