DEBBY JUNIOR COAT & SUIT CO. v. WOLLMAN MILLS


207 Misc. 330 (1955)

Debby Junior Coat & Suit Co., Plaintiff, v. Wollman Mills, Inc., Defendant and Third-Party Plaintiff. Allied Textile Printers, Inc., Third-Party Defendant.

Supreme Court, Special Term, New York County.

February 2, 1955.


Attorney(s) appearing for the Case

Jerome M. Schwartz and William Rosmarin for third-party defendant.

Winer & De Vito for defendant and third-party plaintiff.


MATTHEW M. LEVY, J.

This is a motion by the third-party defendant to dismiss the third-party complaint for insufficiency assertedly appearing on the face thereof.

In its complaint the plaintiff alleged that it purchased goods from the defendant when the latter warranted that the goods were crease-resistant and water-repellent and fit for use by the plaintiff in the manufacture of women's raincoats. The...

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