CO-OP INDUS., INC. v. PAL POOLS, INC.


59 A.D.2d 753 (1977)

Co-Op Industries, Inc., Appellant-Respondent, v. Pal Pools, Inc., Respondent-Appellant

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

October 24, 1977


Judgment affirmed, without costs or disbursements.

We agree with Trial Term that the evidence showed a breach of both express and implied warranties by plaintiff-appellant-respondent. However, we find no evidence to support the separate finding of plaintiff's negligence in construction, fabrication and manufacture of the merchandise in question. Since the amount of damages awarded to defendant-respondent-appellant on its counterclaims in the nature of a setoff was...

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