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TC TRADECO, LLC v. KARMALOOP EUROPE, AG

651631/15. 10328A. 10328.

177 A.D.3d 436 (2019)

112 N.Y.S.3d 55

2019 NY Slip Op 08143

TC Tradeco, LLC, Appellant, v. Karmaloop Europe, AG, Defendant, and Capstone Partners LLC et al., Respondents.

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

Decided November 12, 2019.

Defendant Karmaloop Europe, AG and two related Karmaloop entities (collectively, Karmaloop), sellers of clothing online, entered into an inventory supply agreement (ISA) with plaintiff, which was formed to purchase inventory for Karmaloop. When it became clear that Karmaloop was facing financial difficulties, in January 2015, plaintiff, Karmaloop, and Karmaloop's restructuring advisor Capstone Partners, LLC entered into a payment protection agreement (PPA), pursuant to which...

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