Fields Plastics & Chemicals, Inc. v. Collagen Corp.

Appellate Division of the Supreme Court of New York

Fields Plastics & Chemicals, Inc. v. Collagen Corp.

53 A.D.2d 574, 385 N.Y.S.2d 1013, 1976 N.Y. App. Div. LEXIS 13205

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 22, 1976

StatusPublished

This text of 53 A.D.2d 574 (Fields Plastics & Chemicals, Inc. v. Collagen Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fields Plastics & Chemicals, Inc. v. Collagen Corp., 53 A.D.2d 574, 385 N.Y.S.2d 1013, 1976 N.Y. App. Div. LEXIS 13205 (N.Y. Ct. App. 1976).

Pincite

Opinion

Order, Supreme Court, New York County, entered on April 21, 1975, denying plaintiff’s motion for summary judgment, unanimously reversed, on the law, and said motion granted. Appellant shall recover of respondents $60 costs and disbursements of this appeal. Defendants’ own admissions, in annual reports and prospectuses, establish that they engaged in commercial production of the product being developed for more than one year and that substantial revenues were derived from sales. The mere fact that the venture was unprofitable is of no consequence under the parties’ agreement. Accordingly, we find no genuine triable issues raised hereon precluding summary relief. Settle order on notice. Concur—Murphy, J. P., Lupiano, Birns and Lane, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order, Supreme Court, New York County, entered on April 21, 1975, denying plaintiff’s motion for summary judgment, unanimously reversed, on the law, and said motion granted. Appellant shall recover of respondents $60 costs and disbursements of this appeal. Defendants’ own admissions, in annual reports and prospectuses, establish that they engaged in commercial production of the product being developed for more than one year and that substantial revenues were derived from sales. The mere fact that the venture was unprofitable is of no consequence under the parties’ agreement. Accordingly, we find no genuine triable issues raised hereon precluding summary relief. Settle order on notice. Concur—Murphy, J. P., Lupiano, Birns and Lane, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

53 A.D.2d 574, 385 N.Y.S.2d 1013, 1976 N.Y. App. Div. LEXIS 13205, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fields-plastics-chemicals-inc-v-collagen-corp-nyappdiv-1976.