PERFORMANCE COMERCIAL IMPORTADORA E EXPORTADORA LTDA v. SEWA INTERNATIONAL FASHIONS PVT. LTD.

3644, 603490/01.

79 A.D.3d 673 (2010)

915 N.Y.S.2d 44

PERFORMANCE COMERCIAL IMPORTADORA E EXPORTADORA LTDA, Respondent, v. SEWA INTERNATIONAL FASHIONS PVT. LTD. et al., Defendants, and STAR OF INDIA FASHIONS, INC., Appellant.

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

Decided December 28, 2010.


Under the third cause of action, it is alleged that Star of India breached a March 1998 oral agreement to deliver dress samples and swatches to plaintiff, an apparel vendor. Defendant Sewa International Fashions was the manufacturer of the dresses. Star of India, the designer of the dresses, moved for summary judgment on the ground that it was the agent for Sewa, a disclosed principal. Supreme Court denied the motion, finding an issue of fact as to whether the parties intended...

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