Legal Opinion

Preferred Display, Inc. v. CVS Pharmacy, Inc.

District Court, S.D. New York

Decided February 11, 2013No. 12 Civ. 560(KBF)PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM DECISION & ORDER

KATHERINE B. FORREST, District Judge.

A national drug store chain mistakenly ordered a large amount of merchandise *506from a cosmetics company. When the cosmetics company later defaulted on its bank loan, its lender foreclosed and purchased all of its assets at a peaceful and appropriate sale under the Uniform Commercial Code (“UCC”). The lender then sold those assets to a different cosmetics company; and the drug store chain in possession of the merchandise sent it to that second company and obtained a credit.

Complicating this tale is that the first cosmetics company…

2Cases cited11 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  4. Hicks v. BainesCourt of Appeals for the Second Circuit · 2010
  5. Wright v. GoordCourt of Appeals for the Second Circuit · 2009

6 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. KLS Diversified Master Fund, L.P. v. McDevittDistrict Court, S.D. New York · 2022

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