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MONTGOMERY WARD v. McKESSON & ROBBINS

55 Misc.2d 529 (1967)

Montgomery Ward & Company, Inc., Plaintiff, v. McKesson & Robbins, Inc., Defendant and Third-Party Plaintiff. Drug Research Corporation, Third-Party Defendant.

Civil Court of the City of New York, Trial Term, New York County.

December 14, 1967

Attorney(s) appearing for the Case

Rasken & Rappoport for plaintiff. Richard Braverman for defendant and third-party plaintiff. Alfange & Friedman for third-party defendant.

MAURICE WAHL, J.

The plaintiff Montgomery Ward & Company, Inc., seeks to recover in this action the sum of $1,466.47 alleging a breach of warranty by the defendant McKesson & Robbins, Inc., who is also the third-party plaintiff herein. The amount sought represents the value of a certain drug, Regimen Tablets, a trade name. The oral complaint states in substance that such tablets were libelled by the...

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