Legal Opinion

Kivort Steel, Inc. v. Liberty Leather Corp.

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

Decided April 18, 1985PublishedCited by 11 opinions

1Opinion of the Court

— Mahoney, P. J.

*951In late 1979, plaintiff made an agreement with Am-Tan Machine Corporation (hereinafter Am-Tan) that plaintiff would purchase a particular machine which Am-Tan would then attempt to sell. The profit derived would be divided equally between plaintiff and Am-Tan. Consequently, plaintiff purchased the machine and delivered it to Am-Tan’s warehouse. Am-Tan, apparently without revealing plaintiff’s interest in the machine, contracted to sell the machine to defendant for $35,000. The machine was delivered to defendant along with Am-Tan’s invoice confirming the October 21,1980 payment…

2Cases cited4 opinions

  1. In re the Estate of SmithAppellate Division of the Supreme Court of the State of New York · 1982
  2. Foreign Trade Banking Corp. v. Gerseta Corp.New York Court of Appeals · 1923
  3. Schaffer Stores Company v. Grand Union Co.Appellate Division of the Supreme Court of the State of New York · 1981
  4. Keon v. Saxton & Co.New York Court of Appeals · 1931

3Cited by11 opinions

  1. Arch Insurance v. Precision Stone, Inc.Court of Appeals for the Second Circuit · 2009
  2. Kurzon v. KurzonAppellate Division of the Supreme Court of the State of New York · 1998
  3. Becker v. Shore Drugs, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
  4. Ellenville National Bank v. FreundAppellate Division of the Supreme Court of the State of New York · 1994
  5. Romano v. StanleyAppellate Division of the Supreme Court of the State of New York · 1996

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