UCHITEL v. TRIPLER & CO


107 Misc.2d 310 (1980)

Maurice Uchitel, Respondent, v. F. R. Tripler & Company, Appellant.

Supreme Court, Appellate Term, First Department.

October 21, 1980


Attorney(s) appearing for the Case

Hahn, Hessen, Margolis & Ryan (Jerald E. Podair of counsel), for appellant. Philip I. Beane for respondent.

Concur: DUDLEY, P. J., HUGHES and ASCH, JJ.


Per Curiam.

Order dated November 19, 1979 (LANE, J.) reversed and summary judgment is granted for defendant with $10 costs.

At issue in this case is whether plaintiff Maurice Uchitel may maintain a suit for breach of warranty on the part of seller F. R. Tripler and Company (Tripler), for the latter's sale to plaintiff of allegedly mistailored and defectively manufactured garments.

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