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HOFFMAN v. COX

35 Misc.2d 103 (1962)

Syd L. Hoffman, Plaintiff, v. Joseph B. Cox, Individually and Doing Business as Omark Industries, et al., Defendants.

Supreme Court, Special Term, Nassau County.

June 8, 1962

Attorney(s) appearing for the Case

Bennett, Kaye & Pius (Arthur A. Kaye and John M. Farrel of counsel), for plaintiff. Mendes & Mount for Joseph B. Cox, defendant. Anthony J. De Cicco for Holes, Inc., defendant.

MARIO PITTONI, J.

This is a motion for leave to serve an amended complaint setting forth causes of action against the manufacturers of a riveting appliance for breach of implied warranties of fitness for use and of merchantability. A cause of action against the plaintiff's vendor for breach of an express warranty is also included in the proposed amended pleading.

On or about May 29, 1956, the plaintiff purchased a powerdriven riveting machine...

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