HIGHFILL, INC. v. BRUCE AND IRIS, INC.


50 A.D.3d 742 (2008)

855 N.Y.S.2d 635

HIGHFILL, INC., Appellant, v. BRUCE AND IRIS, INC., et al., Respondents.

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

Decided April 8, 2008.


Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff, a Louisiana corporation, entered into a contract with the defendants pursuant to which it was to conduct and manage a "going out of business sale" for the defendants. After a dispute arose between the parties, the plaintiff commenced this action seeking to recover damages for breach of contract. The defendants moved to dismiss the complaint on the ground that the plaintiff lacked...

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