SUCREST CORP. v. UNITED BRANDS CO.


57 A.D.2d 751 (1977)

Sucrest Corporation et al., Respondents, v. United Brands Company et al., Appellants

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

May 10, 1977


We find that the complaint, insofar as it seeks indemnification from defendants for breach of warranty is sufficient and that the documentary evidence submitted did not establish a defense to the complaint as a matter of law. While the agreement and the letter upon which the complaint is based may be complex, they are neither ambiguous nor in conflict. Subdivisions (i) and (u) of paragraph 3 of the agreement set forth certain representations and warranties by defendants to...

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