ANDRE ROMANELLI, INC. v. AMAZON.COM

0115324/2007 Motion Seq. No. #001

2008 NY Slip Op 32283 (U)

ANDRE ROMANELLI, INC., Plaintiff, v. AMAZON.COM, Defendant.

Supreme Court of The State of New York, New York County.

August 13, 2008.


LOUIS B. YORK, Judge

This is a motion to strike defendant's first, second, third, and fourth affirmative defenses. Plaintiff Andre Romanelli, Inc. brought an action to recover its costs of manufacturing 2,448 shirts for which defendant Amazon.com did not issue a purchase order and did not pay plaintiff. Amazon.com instead issued a purchase order for 1,224 shirts and paid for that order. Plaintiff alleges that a Buy Sheet Summary reflects a binding commitment with...

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