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J-K APPAREL SALES CO., INC. v. JACOBS

2017-11423. Index No. 600612/15.

189 A.D.3d 1011 (2020)

138 N.Y.S.3d 80

2020 NY Slip Op 07360

J-K Apparel Sales Co., Inc., et al., Respondents, v. Irwin Jacobs, Defendant/Third-Party Plaintiff-Appellant. J-K Apparel Sales Co., Inc., et al., Third-party Plaintiffs-Appellants; Steve Kenger, Third-Party Defendant-Respondent, et al., Third-Party Defendants.

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

Decided December 9, 2020.

Attorney(s) appearing for the Case

Nixon Peabody LLP, Jericho, NY ( James W. Weller , Seth L. Berman , and Forchelli Deegan Terrana LLP [ Peter Basil Skelos ], of counsel), for defendant third-party plaintiff-appellant and third-party plaintiffs-appellants.

Schrier Shayne Koenig Samberg & Ryne, Garden City, NY ( Richard E. Schrier , David Ragonetti , and Christina Falco of counsel), for plaintiffs-respondents and third-party defendant-respondent.

Rivera, J.P., Dillon, Maltese and Duffy, JJ., concur.

Ordered that the order is affirmed insofar as appealed from, with costs.

Irwin Jacobs and Steve Kenger were each 50% shareholders and officers and directors of J-K Apparel Sales Co., Inc. (hereinafter J-K), and S & I Sales Co., Inc. (hereinafter S&I). J-K and S&I were the exclusive sales representatives for the third-party defendant Prestige Global Co., Ltd. (hereinafter Prestige Global), a Taiwanese clothing company. Prestige Global did not itself manufacture...

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