GLUCK v. FASIG TIPTON CO.


63 Misc.2d 82 (1970)

Maxwell Gluck, Plaintiff, v. Fasig Tipton Company, Inc., et al., Defendants.

Supreme Court, Special Term, New York County.

February 2, 1970


Attorney(s) appearing for the Case

Eugene Frederick Roth for plaintiff. Schwartz & Frohlich for James E. Nelligan, defendant. Townley, Updike, Carter & Rodgers (Taylor O. Miller of counsel), for James D. Smith and another, defendants. Herbert A. Finneson for Fasig Tipton Company, Inc., and another, defendants.


SAMUEL M. GOLD, J.

Motions Nos. 137, 138 and 139 are consolidated.

This is an action for fraud and breach of warranty arising out of the purchase by plaintiff of a mare at an auction sale held in Saratoga, New York. The defendants are the sellers, the auctioneer, and the veterinarian, who allegedly falsely certified as to the nature of the pregnant condition of the mare.

The veterinarian and his...

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