Plaintiff, Index No. In this action for breach of contract, defendant moves pursuant to CPLR 3212 for an order granting it summary judgment dismissing the complaint.
Defendant is an apparel wholesaler which is no longer an active company.
Included with the order were instructions for manufacturing and for the printing of the logo, as well as credit references and financial statements. Pursuant to the instructions, defendant was to prepare 10 samples for plaintiff's review. Plaintiff further alleges that subsequently, in July 1996, without any explanation or justification, defendant advised plaintiff that it would not produce the jackets. Upon Paul's inquiry as to whether defendant could undertake this production, and if so, at what price, Weisfeld replied that he would get back to him, but that he would first need financial information about plaintiff. Defendant maintains that no agreement was ever reached by the parties, no writing was ever signed, and, therefore, there was no contract to breach.