A. ANCELMO TRUCKING CO. INC. v. DURKEE


11 A.D.2d 836 (1960)

A. Ancelmo Trucking Co. Inc. et al., Appellants-Respondents, v. Herbert J. Durkee, Doing Business as Durkee Motors, Defendant, and General Motors Corporation, Respondent-Appellant

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

July 12, 1960


Defendant General Motors Corporation cross-appeals from the denial of its motion to dismiss the complaint in its entirety. The motion to dismiss pursuant to rule 106 of the Rules of Civil Practice was made only by the defendant General Motors Corporation. The first cause of action alleges General Motors, with knowledge of the use for which plaintiffs intended them, sold 10 dump trucks to plaintiffs, who, relying on defendant's warranty that they were fit for the intended...

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