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SPICONARDI v. MACY'S EAST, INC.

4766, 100470/05.

83 A.D.3d 472 (2011)

MARIE SPICONARDI et al., Respondents, v. MACY'S EAST, INC., et al., Appellants.

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

Decided April 12, 2011.

Defendants, alleged seller and manufacturer of the subject garment, established their prima facie entitlement to judgment as matter of law. Defendant Liz Claiborne, Inc. demonstrated that the shirt was not contained in any of the product "line books" offered during the relevant time period and that the garment was not contained in Fabric Utilization Reports (FUR), which showed all garments manufactured and shipped to the subject...

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