C. Itoh & Co. (America) Inc. v. F. W. Honerkamp Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, New York County (Wallach, J.), entered February 3,1983, denying defendant’s motion for summary judgment dismissing the complaint, affirmed, with costs and disbursements. Plaintiff instituted this action to recover the balance due for plywood paneling sold and delivered by it to defendant. Defendant claims that some of the paneling was defective; that it requested plaintiff to remove the defective goods; but that plaintiff’s salesman, Greenbaum, asked it to retain the goods, sell them as lower grade material, and take a 50% discount from the invoice price. Plaintiff…
2Cases cited4 opinions
- Hudson v. Yonkers Fruit Co.New York Court of Appeals · 1932
- Manley v. Pandick Press, Inc.Appellate Division of the Supreme Court of the State of New York · 1980
- Hirsch v. S. Berger Import & Manufacturing Corp.Appellate Division of the Supreme Court of the State of New York · 1979
- Mais v. Futuristics Foods, Inc.Civil Court of the City of New York · 1977
3Cited by7 opinions
- Conboy v. ArmstrongAppellate Division of the Supreme Court of the State of New York · 1985
- Springwell Corp. v. Falcon Drilling Co., Inc.District Court, S.D. New York · 1998
- Cohen v. Transcontinental InsuranceAppellate Division of the Supreme Court of the State of New York · 1999
- Complete Messenger & Trucking Corp. v. Merrill Lynch Money Markets, Inc.Appellate Division of the Supreme Court of the State of New York · 1991
- Caldwell v. UngerAppellate Division of the Supreme Court of the State of New York · 1991
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