FAB INDUS., INC. v. BNY FIN. CORP.


252 A.D.2d 367 (1998)

675 N.Y.S.2d 77

FAB Industries, Inc., et al., Appellants, v. BNY Financial Corporation, Respondent

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

July 2, 1998


The reasonableness of plaintiffs' reliance on anything defendant said or did not say about the financial condition of plaintiffs' customer who went bankrupt has nothing to do with the parties' credibility, but with their relationship as defined by their factoring agreements. The agreements provided that the risk of loss from a customer's failure to pay receivables at maturity would be on plaintiffs unless defendant approved of the customer's credit in writing. Having agreed...

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