Legal Opinion
Battista v. Radesi
Appellate Division of the Supreme Court of the State of New York
Decided June 4, 1985PublishedCited by 11 opinions
1Opinion of the Court
Judgment unanimously affirmed, without costs. Memorandum: Defendant appeals from a judgment granting plaintiffs motion for summary judgment. Plaintiff, a licensed wine wholesaler, entered into an agreement providing that defendant would be the exclusive distributor of Celoso brand wines in western New York. Pursuant to the agreement, defendant received a shipment of 1,000 cases of wine at a total price of $18,808.75. Defendant signed the invoice which contained the words "net 45 days” in the box marked "terms”. After five months had passed and defendant had paid only $500 for the shipment,…
2Cases cited4 opinions
- Parker Chapin Flattau & Klimpl v. Daelen Corp.Appellate Division of the Supreme Court of the State of New York · 1977
- Milstein v. Montefiore Club of Buffalo, Inc.Appellate Division of the Supreme Court of the State of New York · 1975
- Matthew Bender & Co. v. JaiswalAppellate Division of the Supreme Court of the State of New York · 1983
- General Motors Acceptance Corp. v. Fairway Dodge Sales, Inc.Appellate Division of the Supreme Court of the State of New York · 1981
3Cited by11 opinions
- Intershoe, Inc. v. Bankers Trust Co.New York Court of Appeals · 1991
- Sunkyong America, Inc. v. Beta Sound of Music Corp.Appellate Division of the Supreme Court of the State of New York · 1993
- Kay-Bee Toys Corp. v. Winston Sports Corp.Appellate Division of the Supreme Court of the State of New York · 1995
- Polyfusion Electronics, Inc. v. AirSep Corp.Appellate Division of the Supreme Court of the State of New York · 2006
- Sky Acres Aviation Services, Inc. v. Styles Aviation, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
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