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RANDY KNITWEAR v. AMER. CYANAMID CO.

11 N.Y.2d 5 (1962)

Randy Knitwear, Inc., Respondent, v. American Cyanamid Company, Appellant, et al., Defendants.

Court of Appeals of the State of New York.

Decided February 22, 1962.

Attorney(s) appearing for the Case

Walter R. Mansfield, Helmut J. F. Furth and M. Lauck Walton for appellant.

Daniel Levy and Jerrold M. Sonet for respondent.

Chief Judge DESMOND and Judges BURKE and FOSTER concur with Judge FULD; Judge FROESSEL concurs in result only in a separate opinion in which Judges DYE and VAN VOORHIS concur.

FULD, J.

"The assault upon the citadel of privity", Chief Judge CARDOZO wrote in 1931, "is proceeding in these days apace." (Ultramares Corp. v. Touche, 255 N.Y. 170, 180.) In these days, too, for the present appeal, here by leave of the Appellate Division on a certified question, calls upon us to decide whether, under the facts disclosed, privity of contract is essential to maintenance of an action against...

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