HONIQUE ACCESSORIES, LTD. v. S.J. STILE ASSOCIATES, LTD.

1417.

67 A.D.3d 481 (2009)

889 N.Y.S.2d 550

2009 NY Slip Op 08076

HONIQUE ACCESSORIES, LTD., Respondent-Appellant, v. S.J. STILE ASSOCIATES, LTD., Appellant-Respondent, and MILTON HEID, Respondent, et al., Additional Defendants on the Counterclaim.

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

Decided November 10, 2009.


Dismissal of the complaint as against Stile was properly denied since the record presents triable issues of fact as to whether the goods sold by Stile were held for Honique or for additional defendant on the counterclaim Honey Fashions. Questions of fact also exist concerning the sufficiency of the notice given to Honique prior to the sale, including, but not limited to, whether the amount quoted as due and owing to Stile properly reflected only Honique's obligations or improperly...

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