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TANBRO FABRICS CORP. v. BEAUNIT MILLS

4 A.D.2d 519 (1957)

Tanbro Fabrics Corporation, Appellant-Respondent, v. Beaunit Mills, Inc., et al., Respondents-Appellants Beaunit Mills, Inc., Respondent-Appellant, v. Tanbro Fabrics Corporation, Appellant-Respondent Tanbro Fabrics Corporation, Appellant-Respondent, v. Amity Dyeing & Finishing Co., Inc., Respondent-Appellant

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

October 29, 1957.

Attorney(s) appearing for the Case

Samuel Gottlieb of counsel (Bernard Beitel with him on the brief; Gainsburg, Gottlieb, Levitan & Cole, attorneys), for appellant-respondent.

S. Hazard Gillespie, Jr., of counsel (Louis L. Stanton, Jr., with him on the brief; Davis Polk Wardwell Sunderland & Kiendl, attorneys), for Beaunit Mills, Inc., respondent-appellant.

Irving Abraham of counsel (Muhlstock & Blei, attorneys), for Amity Dyeing & Finishing Co., Inc., respondent-appellant.

PECK, P. J., BOTEIN, RABIN and VALENTE, JJ., concur.

BREITEL, J.

Stripped of procedural details, the question here is whether a buyer of textile goods may obtain a single trial against the seller and the processor of the goods, either by joinder in a single action, or by consolidation of actions, to determine whether the goods are defective, and if so, whether the defect is the consequence of breach by the seller, or the processor, or both of them. Special Term...

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