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GEN. FABRICS CO v. RENCO CORP

191 Misc.2d 148 (2002)

737 N.Y.S.2d 763

GENERAL FABRICS CO., Appellant, v. RENCO FINISHING CORP., Respondent, et al., Defendants.

Supreme Court, Appellate Term, First Department.

January 17, 2002.

Attorney(s) appearing for the Case

Lazarus & Lazarus, P.C., New York City (Harlan M. Lazarus of counsel), for appellant.

Irving Anolik, New York City (Jonathan B. Strauss of counsel), for respondent.

DAVIS and SUAREZ, JJ., concur; McCooE, J.P., dissents in a separate memorandum.

OPINION OF THE COURT

Per Curiam.

Judgment entered February 16, 2000 affirmed, with $25 costs.

In this action by plaintiff, a textile converter, for the January 1995 conversion of certain unfinished fabric stored in defendant's warehouse since late 1990, the trial court dismissed the complaint at the close of the evidence based upon defendant's enforcement of a warehouseman's lien. Plaintiff contends...

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