Legal Opinion

AIT International, Inc. v. Federal Express Corp.

Appellate Division of the Supreme Court of the State of New York

Decided December 26, 2000PublishedCited by 4 opinions

1Opinion of the Court

In an action, inter alia, to recover damages for breach of contract, the defendant appeals from an order of the Supreme Court, Kings County (Garry, J.), dated October 19, 1999, which denied its motion for summary judgment dismissing the complaint, without prejudice to renew.

Ordered that the order is affirmed, with costs.

The plaintiff commenced this action against the defendant, a national and international delivery service, after a check the defendant collected on behalf of the plaintiff pursuant to a collection on delivery (C.O.D.) was not honored on the ground that it was counterfeit. The…

2Cases cited4 opinions

  1. American Airlines, Inc. v. WolensSupreme Court of the United States · 1995
  2. Smith v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1987
  3. Lantigua v. MallickAppellate Division of the Supreme Court of the State of New York · 1999
  4. Ottinger v. DempseyAppellate Division of the Supreme Court of the State of New York · 1986

3Cited by4 opinions

  1. Givoldi, Inc. v. United Parcel ServiceAppellate Division of the Supreme Court of the State of New York · 2001
  2. Rajan v. Harvey InslerAppellate Division of the Supreme Court of the State of New York · 2002
  3. Destin v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2003
  4. Finestone v. Continental Airlines, Inc.Appellate Terms of the Supreme Court of New York · 2003

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