Blue Print Co. v. Ford Marrin Esposito Witmeyer & Bergman

Appellate Terms of the Supreme Court of New York

Blue Print Co. v. Ford Marrin Esposito Witmeyer & Bergman

107 Misc. 2d 239, 438 N.Y.S.2d 170, 1981 N.Y. Misc. LEXIS 2051

CourtAppellate Terms of the Supreme Court of New York

DecidedFebruary 20, 1981

StatusPublished

This text of 107 Misc. 2d 239 (Blue Print Co. v. Ford Marrin Esposito Witmeyer & Bergman) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Blue Print Co. v. Ford Marrin Esposito Witmeyer & Bergman, 107 Misc. 2d 239, 438 N.Y.S.2d 170, 1981 N.Y. Misc. LEXIS 2051 (N.Y. Ct. App. 1981).

Pincite

Opinion

OPINION OF THE COURT

Per Curiam.

Judgment entered February 14,1980 affirmed, with $25 costs on the well-reasoned opinion of. Freedman, J., at Trial Term.

We note only that the nature of the copying work done did not point to any identifiable clients or principals for whom this defendant law firm might be viewed as the agent (cf. the contrary state of facts in J.P. & R. Adv. Agency v Glass, Greenberg, Irwin & Pellman, NYLJ, Dec. 7, 1979, p 5, col 1 [App Term, First Dept]; Loder Appeal Press v Peerless Sugar Co., 277 App Div 737). The defendant had no personal contact and entered into no private [240]*240contract with this plaintiff. It entrusted the task of dealing with the plaintiff to its counterpart attorneys, Finley, Kumble, Wagner, Heine and Underberg. That firm acted as agents for the disclosed principal, the law firm for the 50 plaintiffs in the Federal action, this defendant. It countermands common sense to hold that the plaintiff was extending credit to 50 unnamed, unmentioned, unknown plaintiffs in an unrevealed lawsuit.

Concur: Hughes, J.P., Tierney and Riccobono, JJ.

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OPINION OF THE COURT

Per Curiam.

Judgment entered February 14,1980 affirmed, with $25 costs on the well-reasoned opinion of. Freedman, J., at Trial Term.

We note only that the nature of the copying work done did not point to any identifiable clients or principals for whom this defendant law firm might be viewed as the agent (cf. the contrary state of facts in J.P. & R. Adv. Agency v Glass, Greenberg, Irwin & Pellman, NYLJ, Dec. 7, 1979, p 5, col 1 [App Term, First Dept]; Loder Appeal Press v Peerless Sugar Co., 277 App Div 737). The defendant had no personal contact and entered into no private [240]*240contract with this plaintiff. It entrusted the task of dealing with the plaintiff to its counterpart attorneys, Finley, Kumble, Wagner, Heine and Underberg. That firm acted as agents for the disclosed principal, the law firm for the 50 plaintiffs in the Federal action, this defendant. It countermands common sense to hold that the plaintiff was extending credit to 50 unnamed, unmentioned, unknown plaintiffs in an unrevealed lawsuit.

Concur: Hughes, J.P., Tierney and Riccobono, JJ.

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Bluebook (online)

107 Misc. 2d 239, 438 N.Y.S.2d 170, 1981 N.Y. Misc. LEXIS 2051, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blue-print-co-v-ford-marrin-esposito-witmeyer-bergman-nyappterm-1981.