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GIVOLDI, INC. v. UNITED PARCEL SERVICE

286 A.D.2d 220 (2001)

729 N.Y.S.2d 25

GIVOLDI, INC., Respondent, v. UNITED PARCEL SERVICE, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided August 2, 2001.

Plaintiff Givoldi, Inc. received orders for certain merchandise on nine separate occasions from non-party La Moda Designs International between May 29, 1997 and December 1, 1997. After the receipt of each order, plaintiff entered into a cash on delivery (COD) shipping agreement with defendant United Parcel Service for shipment of the merchandise from plaintiff's New York offices to La Moda's Chicago, Illinois offices. Defendant, however, upon each delivery, accepted a postdated...

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