Legal Opinion

Hohenberg Co. v. Comitex Knitters Ltd.

New York Supreme Court

Decided May 6, 1980PublishedCited by 4 opinions

1Opinion of the Court

OPINION OF THE COURT

Herman Cahn, J.

Plaintiff (Hohenberg), a Manhattan importer, complaining that merchandise which it bought from the defendant (Comitex), a Hong Kong manufacturer, was defective, brought suit against it for $33,000. Because Comitex is a foreign corporation, Hohenberg secured an ex parte order of attachment. Pursuant to the order, the Sheriff levied on a letter of credit in the amount of $5,500 established by a Hohenberg corporation in favor of Comitex at the National Bank of North America (NBNA). Hohenberg now moves pursuant to CPLR 6211 (subd [b]) to confirm the order of…

2Cases cited2 opinions

  1. Foreign Venture Limited Partnership v. Chemical BankAppellate Division of the Supreme Court of the State of New York · 1977
  2. GTE International Inc. v. Manufacturers Hanover Trust Co.Appellate Division of the Supreme Court of the State of New York · 1979

3Cited by4 opinions

  1. Alaska Textile Co., Inc. v. Chase Manhattan Bank, N.A.Court of Appeals for the Second Circuit · 1992
  2. Chiat/Day Inc., Advertising v. KalimianAppellate Division of the Supreme Court of the State of New York · 1984
  3. Offshore Trading Co. v. Citizens National BankDistrict Court, D. Kansas · 1987
  4. Tuthill v. Union Savings BankNew York Supreme Court · 1988

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