SUNWEST ENTERPRISES, INC. v. TILANI ENTERPRISES, INC.


282 A.D.2d 236 (2001)

723 N.Y.S.2d 448

SUNWEST ENTERPRISES, INC., Appellant, v. TILANI ENTERPRISES, INC., et al., Respondents.

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

Decided April 10, 2001.


It is undisputed that petitioner, Sunwest Enterprises, Inc., and respondent Tilani Enterprises, Inc. (Tilani) were in the business of dealing in fragrance and beauty aids. In July 1993, petitioner bought perfume from Tilani and learned shortly thereafter that it was counterfeit. Petitioner brought suit against Tilani in Supreme Court, Nassau County, in June 1994 and, on March 7, 1997, obtained a judgment, after an inquest, in the amount of $50,326.04. In the interim, however...

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