WIT'S END GIFTIQUE, INC. v. IANIELLO


277 A.D.2d 684 (2000)

716 N.Y.S.2d 123

WIT'S END GIFTIQUE, INC., Respondent, v. PATRICIA IANIELLO, Appellant.

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

Decided November 16, 2000.


Peters, J.

Susan Hoffman is the president of plaintiff, a corporation operating a retail gift store in the Town of Clifton Park, Saratoga County. Undisputed testimony reveals that defendant has been a customer of plaintiff for more than 20 years and that at least as early as September 1994, their course of dealing permitted defendant to take items home on a trial basis. A store invoice detailed the items taken, and defendant's open store account would not be charged...

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