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NEWS AMERICA MARKETING, INC. v. LEPAGE BAKERIES, INC.

16 A.D.3d 146 (2005)

791 N.Y.S.2d 80

NEWS AMERICA MARKETING, INC., Respondent, v. LEPAGE BAKERIES, INC., Appellant.

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

March 8, 2005.

Defendant seeks to avoid payment of $95,645.75 for advertising materials printed by plaintiff on the ground that the disputed sum was paid to defendant's agent, nonparty McDonald Communications, which subsequently declared bankruptcy. The advertising insert orders and invoices received by defendant from plaintiff are addressed to McDonald Communications "AS AGENT FOR Le Page Bakeries." Thus, it is clear from these documents that McDonald acted as the agent for a disclosed...

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