NAT'L EQUIP. RENTAL, LTD. v. FROST SAND & GRAVEL CORP.


18 A.D.2d 709 (1962)

National Equipment Rental, Ltd., Respondent, v. Frost Sand & Gravel Corporation, Appellant

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

December 24, 1962


Order reversed, with $10 costs and disbursements, and motion denied.

In our opinion, there are triable issues of fact with respect to the alleged unsatisfactory condition of the equipment and the alleged attempts made by plaintiff's assignor to correct such condition. Hence, it was improper to grant summary judgment. The question as to whether defendant is estopped from claiming a breach of contract should be determined...

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