CROMPTON-RICHMOND CO., INC., FACTORS v. RAYLON FABRICS, INC.


33 A.D.2d 741 (1969)

Crompton-Richmond Co., Inc., Factors, Appellant, v. Raylon Fabrics, Inc., Defendant and Third-Party Plaintiff-Respondent. James Talcott, Third-Party Defendant-Appellant; Steinex, Inc., Third-Party Defendant

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

December 2, 1969


Order entered December 9, 1968, unanimously modified on the law to dismiss defendant's setoff and counterclaim and to dismiss the third-party complaint as against appellant Talcott, and otherwise affirmed, without costs or disbursements.

We agree with Special Term that defendant has advanced sufficient facts to raise an issue as to whether it or Raylon Corporation, a separate entity not sued herein, was the purchaser of the goods the price of which plaintiff sues...

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