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CORHILL CORP. v. S. D. PLANTS, INC.

9 N.Y.2d 595 (1961)

Corhill Corporation, Appellant, v. S. D. Plants, Inc., Respondent.

Court of Appeals of the State of New York.

Decided May 25, 1961.

Attorney(s) appearing for the Case

Simon H. Rifkind and Peter M. Fishbein for appellant.

Lyon Boston, Karl T. Frederick and Carl C. Manderen for respondent.

Chief Judge DESMOND and Judges VAN VOORHIS, BURKE and FOSTER concur with Judge FROESSEL; Judges DYE and FULD dissent and vote to affirm.

FROESSEL, J.

In this action by plaintiff for breaches of warranty and of a subcontract, defendant contractor moved to dismiss plaintiff's amended complaint on the ground of release (Rules Civ. Prac., rule 107). The Appellate Division reversed Special Term's denial of the motion. The question presented on this appeal is whether on the record before us "facts tending to obviate" the "objection" have been shown ...

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