Brenmer Industries, Inc. v. Hattie Carnegie Jewelry Enterprises, Ltd.

—Order of the Supreme Court, New York County, entered February 27, 1979, denying plaintiffs motion for partial summary judgment, unanimously reversed, on the law, with costs and disbursements, and partial summary judgment granted to plaintiff in the sum of $9,537.50, with interest from October 28, 1977. There is no doubt that the parties had an agreement whereunder plaintiff manufactured and delivered to defendant 5,450 units of a novelty item (costume jewelry called "Coals from Newcastle”) for sale to Lord & Taylor at $2.50 each. Proceeds of the sale were to be divided 70% to plaintiff and…