LUBOW MACH. CO., INC. v. SIMPLEX INDUS. CORP.


35 A.D.2d 932 (1970)

Lubow Machine Co., Inc., Respondent-Appellant, v. Simplex Industrial Corp. et al., Appellants-Respondents

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

December 15, 1970


The cross appeal of plaintiff-respondent-appellant is dismissed as academic, without costs and without disbursements. The suit is in main for breach of warranty in respect of a certain machine furnished, sold, and serviced by defendants-appellants-respondents. Virtually all the evidence concerning the alleged infirmities of the machine was given by plaintiff's officer. The trial court was in error in refusing to admit into evidence two certain inspection reports relating...

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