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TEXILON CO., INC. v. KAISERMAN

3 A.D.2d 743 (1957)

Texilon Company, Inc., Respondent, v. Eugene Kaiserman et al., Copartners Doing Business under the Name of Kaybro Elastic Braid Co., Appellants, et al., Defendant. (Action No. 1.) Sweetheart Baby Needs, Inc., Appellant, v. Texilon Company, Inc., Respondent. (Action No. 2.) Eva Roscoe, as Assignee of Eugene Kaiserman and Another, Copartners Doing Business under the Name of Kaybro Elastic Braid Co., Appellant, v. Texilon Company, Inc., Respondent. (Action No. 3.)

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

March 26, 1957

There is not sufficient identity of the issues in the three actions here involved to warrant consolidation for the purposes of trial. The claims asserted by Texilon against its suppliers for defective elastic, in Actions Nos. 1 and 3, do not "grow out of the same set of facts" as the breaches alleged against it by its customer Sweetheart in Action No. 2 (Civ. Prac. Act, § 96-a). Texilon's claims against its suppliers, limited as they are to alleged breaches of warranty...

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