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J & H RAINWEAR, INC. v. DANSIDE FABRICS, INC.

39 A.D.2d 882 (1972)

J & H Rainwear, Inc., Appellant, v. Danside Fabrics, Inc., Respondent Danside Fabrics, Inc., Third-Party Plaintiff-Appellant, v. Advance Piece Dye Works, Inc., Third-Party Defendant-Respondent Advance Piece Dye Works, Inc., Third-Party Defendant and Fourth-Party Plaintiff, v. Millmaster Onyx Corporation, Fourth-Party Defendant

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

June 22, 1972

Unanimously modified, on the law, to the extent of (a) reversing the denial of plaintiff's motion for summary judgment on the issue of liability, and granting said motion, (b) directing an assessment of plaintiff's damages against defendant Danside Fabrics, Inc. ("Danside"), and (c) severing the remaining actions. The order appealed from is otherwise affirmed. Plaintiff-appellant shall recover of Danside Fabrics, Inc., $50 costs and disbursements of this appeal. The clerk...

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