Fuji Photo Film USA, Inc. v. Zalmen Reiss & Associates, Inc.
Supreme Court of New York, Kings County
930 N.Y.S.2d 174 (N.Y. Sup. 2011)
Zalmen Reiss & Associates, Inc. (Zalmen) (defendant) agreed to buy 10,000 camera memory cards from Fuji Photo Film USA, Inc. (Fuji) (plaintiff) for a price of $19.49 each. After selling about 4,000 of the cards, Zalmen found out that another company was selling the cards at a wholesale price lower than what Fuji charged. As a result, Zalmen was no longer able to sell at a profit the cards they had agreed to buy. Because of this, Zalmen returned the remaining 6,000 memory cards to Fuji. Fuji did not authorize the return, and each party refused shipment of the memory cards at least once. Fuji eventually processed the return and paid Zalmen for the returned memory cards at a discounted rate of $4.50 per card. Fuji then sold the remaining memory cards to a third party reseller. Fuji did not give Zalmen notice that it planned to sell the memory cards at a discounted price. Fuji brought suit against Zalmen, seeking to recover the difference between what they ended up selling the 6,000 cards for and the original contract price.
Rule of Law
Holding and Reasoning (Demarest, J.)
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