HERCZ v. GEO. W. MILLAR & CO., INC.


10 A.D.2d 611 (1960)

Andre Hercz, Respondent, v. Geo. W. Millar & Co., Inc., Appellant Ashear Bros., Inc., Respondent, v. Andre Hercz, Defendant and Third-Party Plaintiff-Respondent. Geo. W. Millar & Co., Inc., Third-Party Defendant-Appellant

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

February 9, 1960


Order unanimously modified on the law and on the exercise of discretion, with $20 costs and disbursements to respondent Hercz, to the extent of denying consolidation and ordering joint trial. This is not an appropriate case for organic consolidation.

The claims by the manufacturer against the supplier necessarily differ from those of its customer against it, for "Even if all the claims arose out of the same defects, the warranties made by each of the parties differed...

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