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HALLMARK SYNTHETICS v. SUMITOMO SHOJI

26 A.D.2d 481 (1966)

Hallmark Synthetics Corp., Appellant, v. Sumitomo Shoji New York, Inc., Respondent

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

December 20, 1966.

Attorney(s) appearing for the Case

Irwin Klein for appellant.

Stewart W. Richards of counsel (H. Kenneth Haller and John C. McGuire with him on the brief; Beer, Richards & Haller, attorneys), for respondent.

BOTEIN, P. J., and CAPOZZOLI, J., concur with STEVENS, J.; STEUER, J., dissents in opinion, in which McNALLY, J., concurs.

STEVENS, J.

Plaintiff appeals from an order entered June 20, 1966, granting defendant's motion for partial summary judgment, and from the judgment entered thereon June 29, 1966.

The order and judgment appealed from granted partial summary judgment to defendant to the extent of dismissing the first and fourth causes of action of the complaint. In the first cause plaintiff sought damages for defective goods...

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