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KNITMODE MILLS v. BANTAM-U. S. TOYS

5 Misc.2d 708 (1956)

Knitmode Mills, Inc., Plaintiff, v. Bantam-U. S. Toys, Inc., Defendant. Bantam-U. S. Toys, Inc., Third-Party Plaintiff, v. Atlanta Novelty Mfg. Corp., Third-Party Defendant. Atlanta Novelty Mfg. Corp., Third-Party Plaintiff, v. Emanuel Howard, Doing Business as Howard Rubber Co., et al., Third-Party Defendants. Sol Kasten, Doing Business as Crown Fibre Co., Third-Party Plaintiff, v. Greenpoint Fibre Mill and Waste Co., Inc., Third-Party Defendant.

Supreme Court, Special Term, New York County.

December 28, 1956.

Attorney(s) appearing for the Case

Moldauer & Tepper for plaintiff.

Robert M. Lipton for Sol Kasten, third-party plaintiff.

Davis & Quat for Atlanta Novelty Mfg. Corp., third-party defendant.

George D. Zahm for defendant.

Harry Heller for Emanuel Howard, third-party defendant.

Arthur I. Singer for Roy Capo, third-party defendant.

Sam Steigbigel for Greenpoint Fibre Mill and Waste Co., Inc., third-party defendant.

VINCENT A. LUPIANO, J.

The third-party defendant Atlanta Novelty Mfg. Corp. seeks a separate trial of all the third-party actions on the ground that prejudice will result to this defendant from a combined trial of all the actions.

The plaintiff ordered toys from the defendant Bantam. The plaintiff alleges that the toys were defective because of an odor emanating from the foam rubber content. The plaintiff...

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