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GEN. ANILINE & FILM v. SCHRADER & SON

12 N.Y.2d 366 (1963)

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

Court of Appeals of the State of New York.

Decided April 4, 1963.

Attorney(s) appearing for the Case

Robert H. Reeder for appellant.

George G. Coughlin for respondent.

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

FULD, J.

The plaintiff General Aniline & Film Corporation, a self-insured employer, paid workmen's compensation benefits to an employee who was injured while operating a punch press. Asserting that the machine contained a defective exhaust valve, sold to it by the defendant Neal and manufactured by the defendant Schrader, and that that defective part caused the machine to malfunction, the plaintiff instituted...

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