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MARTIN v. DRACKETT PRODS

100 Misc.2d 728 (1979)

Grace Martin, Plaintiff, v. Drackett Products Company, Defendant.

Supreme Court, Erie County.

August 28, 1979

Attorney(s) appearing for the Case

Warren Freedman for defendant. Mattar, Mattar, D'Agostino, Kogler & Runfola (Lynn Skerpon of counsel), for plaintiff.

RUDOLPH U. JOHNSON, J.

Defendant, the Drackett Products Company (Drackett), by notice of motion seeks an order for partial summary judgment pursuant to CPLR 3212, dismissing the plaintiff, Grace Martin's, third cause of action as alleged in her verified complaint. That cause of action is formulated upon a theory of a breach of an implied or express warranty of merchantability. It is admitted that defendant...

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