FRANKEL v. BERMAN


10 A.D.2d 838 (1960)

Jacob Frankel et al., Doing Business under the Name of Marcy Donut and Crullers, Appellants, v. David Berman, Doing Business under the Name of Berman Bakers Equipment, Respondent David Berman, Doing Business under the Name of Berman Bakers Equipment, Third-Party Plaintiff-Respondent, v. Anita Israel, as Executrix of Louis Israel, Deceased, Third-Party Plaintiff-Respondent Anita Israel, as Executrix of Louis Israel, Deceased, Fourth-Party Plaintiff-Respondent, v. Saul Wolshine et al., Copartners Doing Business under the Name of Egyptian Polishing and Plating Works, Fourth-Party Defendants-Respondents

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

April 26, 1960


Per Curiam.

No appeal having been taken by the defendant, the determination of the Municipal Court insofar as it granted judgment to the plaintiffs against the defendant should not have been disturbed. Plaintiffs' proof failed to establish the allegations of the complaint or of the cause of action for breach of warranty asserted in the motion to conform the pleadings to the proof. Accordingly, the third-party complaint...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases