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SUMMIT APPAREL v. PROMO INC.

2014-795 Q C

50 Misc.3d 94 (2015)

25 N.Y.S.3d 773

2015 NY Slip Op 25397

SUMMIT APPAREL, INC., Doing Business as ROYAL APPAREL, Appellant, v. PROMO NATION, INC., Respondent.

Supreme Court, Appellate Term, Second Department.

Decided November 30, 2015.

Attorney(s) appearing for the Case

Gene W. Rosen , Kew Gardens Hills, for appellant.

Daniel Tessler , New York City, for respondent.

PESCE, P.J., WESTON and ELLIOT, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the order is reversed, without costs, plaintiff's motion for summary judgment on the complaint and to dismiss the counterclaim is granted, and the matter is remitted to the Civil Court for a determination of the appropriate amount of attorney's fees to be awarded plaintiff.

On August 13, 2010, defendant, on its own order form, placed a written order with...

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