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POLDON EN. & MF. CO. v. ZELL EL. MFG. CO.

1 Misc.2d 1016 (1955)

Poldon Engineering & Manufacturing Co., Plaintiff, v. Zell Electric Manufacturing Co., Inc., Defendant.

City Court of the City of New York, Special Term, New York County.

July 13, 1955.

Attorney(s) appearing for the Case

Milton Pollock for plaintiff.

Jerome Heffer for defendant.

RIVERS, J.

Motions numbered 12 and 20 of July 1, 1955, have been consolidated.

I am forced to conclude that the second alleged cause of action, although seriously pressed by the plaintiff, is an abortive attempt to plead a tort where none occurred. A tort cannot be made out of a sale of defective equipment if such equipment did not cause damage to person or property. A sale of defective equipment is...

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