200 E. END AVE. CORP. v. GEN. ELEC. CO.


5 A.D.2d 415 (1958)

200 East End Avenue Corporation, Respondent, v. General Electric Company, Appellant

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

April 10, 1958.


Attorney(s) appearing for the Case

Phil E. Gilbert, Jr., of counsel (Harold R. Tyler, Jr., and Mason Harter with him on the brief; Gilbert & Segall, attorneys), for appellant.

John P. McGrath of counsel (Martin D. Jacobs with him on the brief; Hodges, Reavis, McGrath & Downey, attorneys), for respondent.

BREITEL, J. P., FRANK, VALENTE and STEVENS, JJ., concur.


RABIN, J.

This is an action for alleged breaches of warranty and for fraud arising out of the purchase and installation in the plaintiff's apartment building of integrated heating and air-conditioning units manufactured and sold by defendant. The jury awarded plaintiff $100,000 on the fraud count and $5,000 on the consolidated warranty counts. For the reasons to be indicated, the judgment must be reversed and...

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