SUGAR FOODS DE MEXICO v. SCIENTIFIC SCENTS, LLC

510889.

88 A.D.3d 1194 (2011)

931 N.Y.S.2d 771

2011 NY Slip Op 7544

SUGAR FOODS DE MEXICO, Respondent, v. SCIENTIFIC SCENTS, LLC, Also Known as SCIENTIFIC SENTS, LLC and Others, Doing Business as BETTERBODZ and Others, Appellant.

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

Decided October 27, 2011.


SPAIN, J.

Pursuant to a purchase order placed by defendant in 2006, plaintiff packaged defendant's seasoning product and shipped it to a distributor in two installments. When defendant failed to pay plaintiff despite not rejecting the packaged product, plaintiff commenced an action to collect the amount due ($148,605.00) with interest, alleging causes of action for goods sold and delivered and for an account stated. Defendant served an answer denying the claims and...

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