ESSLEY SHIRT CO., INC. v. LYBRAND


285 A.D. 1044 (1955)

Essley Shirt Company, Inc., Respondent, v. William M. Lybrand et al., Appellants

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

April 26, 1955.


If the sole claim is that the defendants negligently performed the duties required of them by the contract between the parties, then the first nine causes of action should be dismissed as being barred by the statute. However, sufficient has been shown to require a trial on the issue as to whether the contracts required the defendants to do the work in a certain manner by following certain agreed procedures. If it should be found that such were the contracts and that the defendants...

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