Legal Opinion

Harry Rubin & Sons, Inc. v. Clay Equipment Corp.

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

Decided December 17, 1992PublishedCited by 6 opinions

1Opinion of the Court

OPINION OF THE COURT

Harvey, J.

In the early 1970’s, plaintiff, a retail dealer of farm equipment, entered into an oral agreement with defendant pursuant to which plaintiff was to sell and service defendant’s equipment and to carry defendant’s repair parts in its store. This arrangement apparently proceeded smoothly for some time until 1989, when plaintiff’s president decided that the store would go out of business. At that time, plaintiff notified its suppliers, including defendant, and requested that they buy back all parts that plaintiff had in stock. Defendant refused to accept all…

2Cases cited2 opinions

  1. Levy v. Gallery of Homes, Inc.Appellate Division of the Supreme Court of the State of New York · 1991
  2. D. C. Leathers, Inc. v. Gelmart Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 1986

3Cited by6 opinions

  1. Oy Saimaa Lines Logistics Ltd. v. Mozaica-New York, Inc.District Court, E.D. New York · 2000
  2. McDowell v. Atco Rubber Products, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
  3. Haun Welding Supply, Inc. v. National Union Fire Insurance Co. of PittsburghAppellate Division of the Supreme Court of the State of New York · 1995
  4. People v. Cypress Hills CemeteryAppellate Division of the Supreme Court of the State of New York · 1995
  5. Bruce Supply Corp. v. D & M Plumbing & Heating Corp.Appellate Division of the Supreme Court of the State of New York · 2002

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