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PENGUIN GROUP v. TIME/WARNER

650214/12, 9786

115 A.D.3d 119 (2014)

979 N.Y.S.2d 69

2014 NY Slip Op 469

PENGUIN GROUP (USA) INC., Appellant, v. TIME/WARNER RETAIL SALES & MARKETING SERVICES, INC., Respondent.

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

Decided January 28, 2014.

Attorney(s) appearing for the Case

Dorsey & Whitney LLP, New York City ( Jonathan M. Herman and Joshua Colangelo-Bryan of counsel), for appellant.

Cravath, Swaine & Moore LLP, New York City ( Rowan D. Wilson and Heather L. Cannady of counsel), for respondent.

MOSKOWITZ, FREEDMAN, MANZANET-DANIELS and FEINMAN, JJ., concur.

OPINION OF THE COURT

ANDRIAS, J.

By agreement made as of January 1, 1997, which was amended and extended several times, plaintiff granted defendant "the exclusive right to distribute to independent distributor wholesalers" certain categories of books published by plaintiff. As part of its duties, defendant booked orders and collected payments from the wholesalers, which had the right to return unsold books to plaintiff for full credit. Defendant received...

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