Rosenthal & Rosenthal, Inc. v. John Kunstadt, Inc.

—Order of the Supreme Court, New York County (Burton S. Sherman, J.), entered February 28, 1984, denying plaintiff’s motion for summary judgment in lieu of complaint, unanimously reversed, on the law and the motion for summary judgment granted, with costs.

Plaintiff, an old-line factor, entered into an agreement with Ramsay Fabrics Co. (Ramsay) to factor Ramsay’s accounts receivable. Thereafter, Ramsay sold and delivered two lots of merchandise to defendant. The invoices reflecting the sales duly noted the assignment of the proceeds to plaintiff and directed payment to it.

Approximately a month…