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Adelman Mfg. v. New York Wood Finisher's Supply

Appellate Division of the Supreme Court of New York, Second Department
Dec 4, 1950
277 App. Div. 1117 (N.Y. App. Div. 1950)

Opinion

December 4, 1950.


In an action to recover damages for breach of warranty of fitness and merchantability, defendant, as third-party plaintiff, served a summons and complaint on the third-party defendant, its insurer, pursuant to section 193-a of the Civil Practice Act. The court granted the third-party defendant's motion to dismiss the complaint, and the third-party plaintiff appeals. Order granting the third-party defendant's motion to dismiss the complaint, and the judgment entered thereon, reversed on the law and the facts, with $10 costs and disbursements to the third-party plaintiff, and the motion denied, with $10 costs to said third-party plaintiff. ( Brooklyn Yarn Dye Co. v. Empire State Warehouses Corp., 276 App. Div. 611.) Johnston, Acting P.J., Adel and Sneed, JJ., concur; Wenzel, J., concurs on the authority of Brooklyn Yarn Dye Co. v. Empire State Warehouses Corp. ( 276 App. Div. 611) but adheres to the views expressed in his dissenting opinion in that case; MacCrate, J., not voting.


Summaries of

Adelman Mfg. v. New York Wood Finisher's Supply

Appellate Division of the Supreme Court of New York, Second Department
Dec 4, 1950
277 App. Div. 1117 (N.Y. App. Div. 1950)
Case details for

Adelman Mfg. v. New York Wood Finisher's Supply

Case Details

Full title:ADELMAN MANUFACTURING CORP., Respondent, v. NEW YORK WOOD FINISHER'S…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 4, 1950

Citations

277 App. Div. 1117 (N.Y. App. Div. 1950)

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