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MODERN POOL PRODS. v. RUDEL MACH. CO.

58 Misc.2d 83 (1968)

Modern Pool Products, Inc., Plaintiff, v. Rudel Machinery Company, Inc., Defendant.

Civil Court, Trial Term, New York County.

March 26, 1968

Attorney(s) appearing for the Case

Burns, Kennedy, Schilling & O'Shea (William J. O'Shea, Jr. and Edmund J. Burns of counsel), for defendant. Eugene E. Lefkowitz and Robert S. Clark for plaintiff.

HAROLD BIRNS, J.

In January, 1965, Modern Pool Products, Inc., the plaintiff, located in Greenwich, Connecticut, delivered a pipe-bending machine to an Illinois factory, as recommended by defendant, Rudel Machinery Company, Inc., of New York City, for certain repairs to be undertaken by defendant. The repairs were not made. Nevertheless the machine remained at the factory for more than a year. Plaintiff now seeks...

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