Brownie's Army & Navy Store, Inc. v. E. J. Burke, Jr., Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Witmer, J.
The principal questions presented on this appeal and cross appeal are whether the plaintiff may require the defendant to pay plaintiff’s attorneys’ fees or, alternatively, pay plaintiff’s general litigation expenses under section 2-710 of the Uniform Commercial Code. We conclude that on the facts in this case plaintiff is not entitled to be recompensed under either theory.
Plaintiff was in the business of selling uniforms and defendant was in the business of furnishing security personnel to various businesses, defendant having about 500 employees so engaged. Such…
2Cases cited10 opinions
- Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
- Equitable Lumber Corp. v. IPA Land Development Corp.New York Court of Appeals · 1976
- First National Bank v. BrowerNew York Court of Appeals · 1977
- Schwartz v. GreenbergNew York Court of Appeals · 1952
- Neri v. Retail Marine Corp.New York Court of Appeals · 1972
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- Genesee Management, Inc. v. BelloAppellate Division of the Supreme Court of the State of New York · 1982
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