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FACTORY ASSOCIATES EXPORTERS, INC., Plaintiff-Counter-Claimant-Defendant-Appellant, v. LEHIGH SAFETY SHOES CO. LLC, Defendant-Counter-Claimant-Counter-Defendant...summary judgment for Lehigh Safety Shoes Co. LLC ("Lehigh") and dismissed all claims asserted in the original and amended complaints except for Factory Associates' claim of breach of implied warranty...the safety shoes at issue. Additionally, though the shoes were ordered in early 2002, Factory Associates did not complain of the alleged defects to Lehigh "until the end of 2003, beginning of 2004...
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...delivered.
Factory Associates had previously purchased Lehigh Style 1628 and Lehigh Style 1636 safety shoes and sought to order these shoes in 2002. However, these shoes were ...placed an order with Defendant for at least 8,214 pairs of Lehigh Style 5628 and Lehigh Style 5636 safety shoes. The price for the shoes was....
In total, including the shoes sold to Shell, Plaintiff sold 2,562 of the 8,214 pairs of safety shoes received on April 25, 2002.
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...amounting to a warranty. See Mazella, 2021 WL 2940926, at *7; see also Factory Assocs. & Exps., Inc. v. Lehigh Safety Shoes Co. LLC...335 (“The label taken as a whole makes clear that the juice was subject to pressure for food safety purposes...
...‘Sears–Authorized Delivery’ ”; black pants; a belt without a metal buckle; and “industrial, black leather shoes” ordered from a particular company, Lehigh Safety Shoes. Drivers had to keep their shoes...
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...), 2017 WL 5714725, at *2 (E.D.N.Y. Nov. 27, 2017) (quoting Factory Assocs. & Exporters, Inc. v. Lehigh Safety Shoes Co. LLC, 382...
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...purchase and that the warranty was relied upon.'” Factory Assocs. & Exporters, Inc. v. Lehigh Safety Shoes Co. LLC, 382 Fed.Appx. 110, 111...
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...Safety Shoes Co., 382 F. App'x 110, 112 (2d Cir. 2010) (internal quotations omitted) (quoting Schimmenti v. Ply Gem Indus...by the seller, the natural tendency of which was to induce the buyer to purchase and that the warranty was relied upon.'" Factory Assocs. & Exps., Inc. v. Lehigh...
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.... v. Lehigh Safety Shoes Co. LLC, 382 Fed. Appx. 110, 111-12 (2d Cir. 2010) (internal quotation marks and citation omitted...
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.... & Exporters, Inc. v. Lehigh Safety Shoes Co. LLC, 382 Fed. App'x 110, 111-12 (2d Cir. 2010) (summary order)). "Any...defined by the AAFCO." See Pet Food, New York Department of Agriculture and Markets (available at: https://agriculture.ny.gov/food-safety/pet-food#:~:text=Registration%20Process) (last visited...
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...the buyer to purchase' and that the warranty was relied upon." Factory Assocs. & Exporters, Inc. v. Lehigh Safety Shoes Co...that the implant was marketed and labeled as safe and effective, and that "[r]eassurances of device safety were made through direct promotional contact by Defendants' sales representatives and...
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...buyer to purchase and that the warranty was relied upon.” Factory Assocs. & Exporters, Inc. v. Lehigh Safety Shoes Co., 382 Fed.Appx. 110...
...Assocs. & Exporters, Inc. v. Lehigh Safety Shoes Co. LLC, 382 F. App'x 110, 111-12 (2d Cir. 2010) (internal quotation marks omitted). Here, Plaintiff has alleged that Ferrex provided a fifteen...
...of fact or promise by the seller, the natural tendency of which was to induce the buyer to purchase and that the warranty was relied upon.'" Factory Assocs. Exps., Inc. v. Lehigh Safety Shoes Co...owner's manual and reads: "For safety reasons, the manufacturer of your MINI recommends having Run Flat tires replaced, not repaired if they are damaged." (Pl.'s Ex. 10.)
Several...Flat; Factoring in the Safety Issue, WALL ST. J., July 24, 2007, at Dl. Oscar has also produced a Road Track customer survey that revealed that MINI drivers complained that MINI's tires...
..., Jan. T., 1964, from judgment of Court of Common Pleas of Lehigh County, April T., 1963, No. 83, in case of Jacob W. Nederostek v. Endicott-Johnson Shoe Co. and Lehigh Safety Shoe Co. Judgment reversed.
...pair of safety work shoes which had been supplied to him by Giant Portland Cement Co., which had been purchased by them from Lehigh Safety Shoe Co. . . ., which shoes were . . . manufactured by the...said date Plaintiff commenced wearing a pair of safety work shoes which had been supplied to him by Giant Portland Cement Co., which had been purchased by them from Lehigh Safety Shoe Co. . . ., which ...
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...to induce the buyer to purchase' and that the warranty was relied upon.'" Factory Assocs. & Exporters, Inc. v. Lehigh Safety Shoes Co. LLC, 382 F. App'x...
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...upon." Factory Assocs. & Exps., Inc. v. Lehigh Safety Shoes Co. LLC, 382 F. App'x 110, 111-112...
...induce the buyer to purchase and that the warranty was relied upon.” Factory Assocs. & Exps., Inc. v. Lehigh Safety Shoes Co., 382...
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...Assocs. & Exps., Inc., v. Lehigh Safety Shoes Co., 382 F. App'x 110, 111-12 (2d Cir. 2010) (internal quotations and citation omitted); see also Reed...
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...., Inc. v. Lehigh Safety Shoes Co., 382 Fed.Appx. 110, 112 (2d Cir. 2010)). Specifically, a breach of express warranty claim must allege (1) a material statement amounting to a warranty; (2...
...seller, the natural tendency of which was to induce the buyer to purchase and that the warranty was relied upon.'" Factory Assocs. & Exporters, Inc. v. Lehigh Safety Shoes Co. LLC, 382 F...