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LURIA BROS. v. ASSOC. MET. & MIN.

73 Misc.2d 937 (1972)

Luria Brothers & Co., Inc., Plaintiff, v. Associated Metals & Minerals Corp., Defendant and Third-Party Plaintiff. Lehigh Marine Disposal Corp. et al., Third-Party Defendants.

Civil Court of the City of New York, Trial Term, New York County.

July 25, 1972

Attorney(s) appearing for the Case

Poles, Tublin, Patestides & Stratakis (Patrick V. Martin of counsel), for plaintiff. Hill, Rivkins, Warburton, McGowan & Carey (Vincent J. Ryan of counsel), for Associated Metals & Minerals Corp., defendant and third-party plaintiff. Klein & Sterling (Max Cohen of counsel), for Lehigh Marine Disposal Corp., third-party defendant. Purdy, Lamb & Marchisio (Juvenal L. Marchisio of counsel), for M. J. Rudolph Corporation, third-party defendant.

BURTON S. SHERMAN, J.

In this nonjury action the plaintiff, Luria Brothers (Luria) seeks to recover the balance of the purchase price of scrap metal sold to the defendant, Associated Metal & Minerals Corporation (Associated). Associated counterclaimed, alleging that the balance of the metal was lost as a result of the plaintiff's failure to furnish a seaworthy barge for delivery. Associated also impleaded...

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