UNITY SHEET METAL WORKS, INC. v. FARRELL LINES INC.


285 A.D. 879 (1955)

Unity Sheet Metal Works, Inc., Plaintiff, v. Farrell Lines Incorporated, Defendant and Third-Party Plaintiff-Appellant. Merritt-Chapman & Scott Corporation, Third-Party Defendant-Respondent

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

February 15, 1955.


Order dismissing third-party complaint unanimously modified, and as so modified affirmed, without costs, by granting leave to replead as to the second and third causes of action.

From the circumstances of this case, it cannot be said that the third-party plaintiff is not in a position to plead a valid cause of action, either for breach of the general contract, or, for breach of the agreement to assume all costs and expenses that would arise in connection with replacement...

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