GEN. ANILINE & FILM v. SCHRADER & SON


13 A.D.2d 359 (1961)

General Aniline & Film Corp., Respondent, v. A. Schrader & Son, Inc., Defendant, and R. C. Neal Company, Inc., Appellant

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

June 1, 1961.


Attorney(s) appearing for the Case

Levene, Gouldin & Thompson (Robert H. Reeder of counsel), for appellant.

Harrison, Coughlin, Dermody & Ingalls (George L. Ingalls of counsel), for respondent.

Hinman, Howard & Kattell for defendant.

BERGAN, P. J., COON, GIBSON and REYNOLDS, JJ., concur in Per Curiam opinion; HERLIHY, J., dissents and votes to reverse in opinion.


Per Curiam.

Appeal is taken by defendant R. C. Neal Company, Inc., from an order which denied its motion to dismiss the complaint as against it, on the grounds of insufficiency and of plaintiff's legal incapacity to sue.

The question presented is whether, in an action for breach of warranty against the supplier of a defective machine part, plaintiff's damage may be measured by the amount of its payment of workmen...

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