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A. S. RAMPELL, INC., v. HYSTER CO.

3 N.Y.2d 369 (1957)

A. S. Rampell, Inc., Respondent-Appellant, v. Hyster Company et al., Appellants-Respondents.

Court of Appeals of the State of New York.

Decided July 3, 1957.

Attorney(s) appearing for the Case

Robert P. Weil, Adolf A. Berle, Jr., Irving Mischkind and L. Mark Scher for appellants-respondents.

Ralph Wienshienk and Franklin Feldman for respondent-appellant.

CONWAY, Ch. J., DESMOND, DYE and BURKE, JJ., concur with FROESSEL, J.; FULD, J., concurs in result; VAN VOORHIS, J., dissents and votes to modify the order of the Appellate Division so as to dismiss the first and third causes of action without leave to replead, and, as so modified, to affirm, for the reasons stated in the dissenting opinion in the Appellate Division of BREITEL, J.

FROESSEL, J.

Plaintiff is a dealer-distributor. Defendant Hyster Company (hereinafter called Hyster) is a manufacturer of industrial and other trucks, cranes and parts. Defendant Chester was plaintiff's salesman. Defendant Shaffer was Hyster's district manager. Plaintiff and its predecessors were distributors of Hyster's products in parts of New York and New Jersey, and...

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