GROSS v. ROSENHAUS


282 A.D. 129 (1953)

Jacob Gross, Respondent, v. Bernard I. Rosenhaus et al., Doing Business as B. I. Rosenhaus & Son, Defendants and Third-Party Plaintiffs-Appellants. Richard F. Bemporad et al., a Copartnership Doing Business as Bemporad Company, Third-Party Defendants-Appellants

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

May 26, 1953.


Attorney(s) appearing for the Case

David Schor of counsel (David Easton, attorney), for third-party defendants-appellants.

Seymour Steinberg of counsel (Nathan R. Shapiro, attorney), for respondent.

Berler & Goldstein for third-party plaintiffs-appellants.

DORE, J. P., CALLAHAN, BREITEL and BERGAN, JJ., concur.


Per Curiam.

The plaintiff sues to recover the purchase price because of defects in the carpeting. The action against the retailer is essentially based on a rescission of the contract of sale, and the plaintiff makes no claim for damages for the breach of warranty.

The right to rescind is not necessarily barred by the fact that the carpeting remained on the floor until commencement of the action. There was evidence...

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