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STONER v. CULLIGAN, INC.

32 A.D.2d 170 (1969)

Joseph W. Stoner, Doing Business as Culligan Soft Water Service of Schenectady, Respondent, v. Culligan, Inc., Appellant

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

June 3, 1969.

Attorney(s) appearing for the Case

Borst, Smith, O'Loughlin, Smith & Abbey (Chadwell, Keck, Kayser, Ruggles & McLaren, by James E. Hastings, of counsel), for appellant.

Martin, Hislop, Mackay & Schudt (Bruce W. Hislop of counsel), for respondent.

GIBSON, P. J., AULISI and STALEY, JR., JJ., concur. HERLIHY, J., concurring in part and dissenting in part, votes to affirm on the opinion of HARVEY, J., at Special Term ().

COOKE, J.

This is an appeal from an order of the Supreme Court at Special Term, entered July 8, 1968 in Schenectady County, which denied defendant's motion for summary judgment dismissing the complaint, as well as plaintiff's application for summary judgment.

Defendant, a manufacturer and supplier of water-conditioning products and equipment, by a contract dated October 17, 1947, granted plaintiff a 25...

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