Hyperlawhypertext legal database Capitol Piece Dye Works, Inc. v. Klein Coat Corp. 305 N.Y. 553

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Capitol Piece Dye Works, Inc. v. Klein Coat Corp.

305 N.Y. 553 Court N.Y. Decision date 1953-03-05 English

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p. 553
Capitol Piece Dye Works, Inc., Appellant, v. Klein Coat Corp., Respondent.
Argued January 8, 1953;
decided March 5, 1953.
p. 554
Maurice Leffert for appellant.
Leo Fixler and Reuben Feinberg for respondent.

Judgment of Appellate Division and order of Special Term reversed and motion denied, with costs in all courts. On this record there was presented a triable question of fact as to whether there was partial delivery and acceptance of the fabrics allegedly sold. No opinion.

Concur: Loughban, Ch. J., Lewis, Conway, Desmond, Dye, Fuld and Fboessel, JJ.