Summit Apparel, Inc. v. Promo Nation, Inc.

OPINION OF THE COURT

Memorandum.

Ordered that the order is reversed, without costs, plaintiffs motion for summary judgment on the complaint and to dismiss the counterclaim is granted, and the matter is remitted to the Civil Court for a determination of the appropriate amount of attorneys fees to be awarded plaintiff.

On August 13, 2010, defendant, on its own order form, placed a written order with plaintiff for 38,640 T-shirts, which form indicated, at its top, that they were to be delivered “ASAP” (as soon as possible) to a third party for printing. Defendant’s order form further provided,…