ADDED EXTRAS v. PARTY CITY


193 Misc.2d 403 (2002)

749 N.Y.S.2d 647

ADDED EXTRAS, INC., Plaintiff, v. PARTY CITY CORPORATION, Defendant.

Supreme Court, New York County.

June 11, 2002.


Attorney(s) appearing for the Case

Lazarus & Lazarus, New York City (Harlan Lazarus of counsel), for plaintiff.

Schwartz & Perry, New York City (Karen Hensley of counsel), for defendant.


OPINION OF THE COURT

HELEN E. FREEDMAN, J.

In this action for breach of contract, plaintiff Added Extras, Inc. (Added Extras) seeks to recover $680,000 in damages from defendant Party City Corporation (Party City) based on the allegation that Party City failed to accept delivery of a line of cosmetics known as "Body Extras," that it ordered. Party City moves to dismiss the complaint pursuant to CPLR 3211 (a) (1),

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