SHIMAMOTO v. S&F WAREHOUSES, INC.


21 A.D.3d 266 (2005)

800 N.Y.S.2d 667

MIDORI SHIMAMOTO, as Administratrix of the Estate of BART SCHWARTZ, Deceased, et al., Appellants, v. S&F WAREHOUSES, INC., et al., Respondents. (And a Third-Party Action.)

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

August 11, 2005.


Plaintiffs seek to recover damages for defendants' alleged failure, in enforcing a warehouseman's lien on a quantity of spun rayon fabric (known as "ultra cashmere") owned by plaintiffs, to sell such goods in a commercially reasonable manner (see UCC 7-210 [1], [9]). The Court of Appeals previously remanded the case for a new trial, at which plaintiffs were to have an opportunity to prove "how some aspect of the sale rendered it commercially unreasonable, resulting...

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