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ROSETTE PENNINGTON, INC. v. HAYES

10 Misc.2d 999 (1957)

Rosette Pennington, Inc., Respondent, v. James V. Hayes et al., Appellants.

Supreme Court, Appellate Term, First Department.

October 31, 1957.

Attorney(s) appearing for the Case

Burr F. Coleman for appellants.

Irving Barry for respondent.

HOFSTADTER, AURELIO and TILZER, JJ., concur.

Per Curiam.

Subdivision 2 of section 85 of the Personal Property Law contains an exception in those instances where the seller is himself the manufacturer and excludes from its scope all cases where the seller procures the goods to be manufactured by another. (Eagle Paper Box Co. v. Gatti-McQuade Co., 99 Misc. 508, affd. 181 App. Div. 924.)

The order should be reversed, with $10 costs, and motion granted...

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