RANDY KNITWEAR v. AMER. CYANAMID CO.


26 Misc.2d 476 (1960)

Randy Knitwear, Inc., Plaintiff, v. American Cyanamid Company et al., Defendants.

Supreme Court, Special Term, New York County.

October 24, 1960


Attorney(s) appearing for the Case

Donovan, Leisure, Newton & Irvine for American Cyanamid Company, defendant. Weisman, Celler, Allan, Spett & Sheinberg for Apex Knitted Fabrics, Inc., defendant. Fish & Fox for Fairtex Mills, Inc., defendant. Levy & Sonet (Jerrold M. Sonet of counsel), for plaintiff.


SAMUEL M. GOLD, J.

Defendant, American Cyanamid Company, moves for summary judgment dismissing the complaint. The action is in contract for breach of warranty. In general, the charge is that the defendant manufactures a textile finishing process marketed as "Cyana", which is widely and extensively advertised and offered to the textile trade and the public as an inducement to manufacture fabrics with the process and to use garments made with the fabrics...

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