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PREFERRED DISPLAY, INC. v. CVS PHARMACY, INC.

No. 12 Civ. 560(KBF).

923 F.Supp.2d 505 (2013)

PREFERRED DISPLAY, INC., Plaintiff, v. CVS PHARMACY, INC., Defendant/Third-Party Plaintiff, v. Zaimu Holdings LLC d/b/a Vincent Longo Cosmetics, Third-Party Defendant.

United States District Court, S.D. New York.

February 11, 2013.

Attorney(s) appearing for the Case

Todd Allen Strassberg , Robert Lawrence Strassberg , Strassberg & Strassberg, P.C., New York, NY, for Plaintiff.

Matthew Thomas McLaughlin , Joshua Stephen Barlow , Nixon Peabody LLP, Boston, MA, for Defendant.

Steven David Isser , Law Offices of Steven D. Isser, New York, NY, for Third-Party Defendant.

MEMORANDUM DECISION & ORDER

KATHERINE B. FORREST, District Judge.

A national drug store chain mistakenly ordered a large amount of merchandise from a cosmetics company. When the cosmetics company later defaulted on its bank loan, its lender foreclosed and purchased all of its assets at a peaceful and appropriate sale under the Uniform Commercial Code ("UCC"). The lender then sold those assets to...

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