Legal Opinion
E. Lee Martin, Inc. v. Saks & Co.
Appellate Division of the Supreme Court of the State of New York
Decided June 6, 2006PublishedCited by 3 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Richard B. Lowe, III, J.), entered December 7, 2005, which, inter alia, granted defendant’s motion pursuant to CPLR 3211 (a) (1) and (7) to dismiss the complaint, unanimously modified, on the law, to deny the motion insofar as it is directed at claims based on transactions occurring subsequent to the effective date of the parties’ consignment agreement, and the complaint reinstated to the extent of those claims, and otherwise affirmed, without costs.
The release provision contained in the governing consignment agreement clearly and unambiguously provided…
2Cases cited4 opinions
- Gillman v. Chase Manhattan Bank, N. A.New York Court of Appeals · 1988
- Skillgames v. BrodyAppellate Division of the Supreme Court of the State of New York · 2003
- 150 Broadway N.Y. Associates, L.P. v. BodnerAppellate Division of the Supreme Court of the State of New York · 2004
- Cook v. David Rozenholc & AssociatesAppellate Division of the Supreme Court of the State of New York · 1996
3Cited by3 opinions
- Northgate Electric Corp. v. Barr & Barr, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
- Davis v. LancasterNew York Supreme Court · 2010
- Rome Gas, Inc. v. Fastrac Props. I, LLCAppellate Division of the Supreme Court of the State of New York · 2021