VICTORY PAINTERS & DECORATORS v. MILLER


198 Misc. 196 (1950)

Victory Painters and Decorators, Inc., Plaintiff, v. Bernard Miller et al., Defendants and Third-Party Plaintiffs. Onyx Oils and Resins, Inc., Third-Party Defendant.

Supreme Court, Special Term, Kings County.

March 20, 1950.


Attorney(s) appearing for the Case

Louis Epstein for third-party defendant.

Emanuel Strum for defendants and third-party plaintiffs.

Abraham M. Fisch for plaintiff.


HART, J.

This is a motion by the third-party defendant to strike out the second cause of action contained in the amended third-party complaint pursuant to subdivision 4 of section 193-a of the Civil Practice Act. The action is one brought by plaintiff to recover damages in the sum of $4,000 allegedly sustained by it as a result of an alleged breach of warranty by the defendants in the sale of certain replacement...

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