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WUHU IMPORT & EXPORT CORPORATION v. CAPSTONE CAPITAL, LLC

39 A.D.3d 314 (2007)

834 N.Y.S.2d 129

WUHU IMPORT & EXPORT CORPORATION, Appellant, v. CAPSTONE CAPITAL, LLC, Also Known as CAPSTONE TRADE PARTNERS, LTD. and CAPSTONE & COMPANY, Respondent.

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

Decided April 12, 2007.

Plaintiff, a Chinese corporation, alleges that in June 2000 it shipped men's apparel to the United States. After the goods arrived in customs at New York City, the buyer failed to consummate the purchase for lack of the necessary financing. Plaintiff thereupon agreed to sell a portion of the apparel to defendant, for a total price of $1,350,000.

On or about August 1, 2000, defendant made a partial payment of $298,335.36...

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