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ALL STATE FLOORING DISTRIBUTORS., L.P. v. MD FLOORS, LLC

15212, 106037/11.

131 A.D.3d 834 (2015)

16 N.Y.S.3d 539

2015 NY Slip Op 06751

ALL STATE FLOORING DISTRIBUTORS, L.P., Appellant, v. MD FLOORS, LLC, et al., Respondents.

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

Decided September 8, 2015.

Plaintiff sells wood flooring, and defendant Michael Savino owns defendant MD Floors, a flooring installer. Between October 2010 and May 2011, MD Floors purchased hardwood flooring from plaintiff for installation in a Manhattan apartment. Specifically, Savino ordered 3,600 square feet of wood flooring from plaintiff on behalf of MD Floors. Savino alleges, however, that one of the shipments from plaintiff contained faulty wood flooring, requiring MD Floors workers to spend...

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