NANJING USA, INC. v. LaMONICA

Nos. 5006, 100500/09, 100500/07.

87 A.D.3d 460 (2011)

928 N.Y.S.2d 506

2011 NY Slip Op 6293

NANJING USA, INC., Appellant, v. SALVATORE LaMONICA, as Chapter 7 Trustee of BLOCK CORPORATION, Debtor, Respondent.

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

Decided August 18, 2011.


Nanjing and Block Corporation are both in the business of distributing men's and women's clothing to national retailers for sale to the public. In 2008, Block proposed a deal in which Nanjing would replace Block as the vendor for certain retailers for the production and supply of pants. Nanjing agreed to purchase approximately $4 million of Block's existing pants inventory and to assume certain inventory replenishment programs with specified retailers, including Sears.

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