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WHIRLPOOL CORP. v. ORECK CORP.

48 A.D.2d 817 (1975)

Whirlpool Corporation, Respondent, v. Oreck Corporation, Appellant

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

June 26, 1975

In affirming, we do not pass upon the validity of the position asserted by way of the fifth counterclaim that there was a breach of warranty by the plaintiff. The counterclaims have been severed, and the fifth counterclaim survives.

Lupiano, J., dissents in part in the following memorandum:

Scrutiny of the record discloses that the fifth counterclaim alleged by defendant is essentially related to plaintiff's first cause of action for goods sold...

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