Legal Opinion

Textile Technology Exchange, Inc. v. Davis

New York Court of Appeals

Decided April 1, 1993PublishedCited by 26 opinions

1Opinion of the Court

OPINION OF THE COURT

Smith, J.

Plaintiff is a North Carolina corporation which buys and sells new and used textile mill equipment. Defendant is a New York rigger who handles the removal, transporting, repair and resale of such equipment. Plaintiff commenced this action for breach of a February 1986 oral partnership agreement in which defendant was to sell equipment owned by the plaintiff and divide the profits equally. It was alleged that the defendant did not account for the proceeds of the sale of various equipment. Defendant denied the allegations, asserted the affirmative defense of lack of…

2Cases cited4 opinions

  1. Gramatan Home Investors Corp. v. LopezNew York Court of Appeals · 1979
  2. Liebling v. YankwittAppellate Division of the Supreme Court of the State of New York · 1985
  3. Prezioso v. DemchukAppellate Division of the Supreme Court of the State of New York · 1987
  4. Textile Technology Exchange, Inc. v. DavisAppellate Division of the Supreme Court of the State of New York · 1992

3Cited by26 opinions

  1. Houbigant, Inc. v. ACB Mercantile, Inc.District Court, S.D. New York · 1995
  2. Hamlet on Olde Oyster Bay Homeowners Ass'n v. EllnerAppellate Division of the Supreme Court of the State of New York · 2008
  3. GE Capital Mortgage Services Inc. v. MittelmanAppellate Division of the Supreme Court of the State of New York · 1997
  4. Lomando v. DuncanAppellate Division of the Supreme Court of the State of New York · 1999
  5. Bell v. LittleAppellate Division of the Supreme Court of the State of New York · 1998

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