KATES, LTD. v. BENAY-ALBEE


114 Misc.2d 230 (1982)

Kates Millinery, Ltd., Plaintiff, v. Benay-Albee Corporation et al., Defendants.

Civil Court of the City of New York, Queens County.

May 18, 1982


Attorney(s) appearing for the Case

Gerald Chiariello, P. C., for plaintiff. Leibman & Schreier (Leonard S. Leibman of counsel), for defendants.


WILLIAM D. FRIEDMANN, J.

The trial of this action for breach of express and implied warranties under sections 2-313, 2-314 and 2-315 of the Uniform Commercial Code arose out of the sale of a used hydraulic pressing machine for which plaintiff paid defendant $8,000. After trial without a jury held on April 1, 1982, the court reserved decision for posttrial memoranda of law to be submitted by both parties. Following are the court's findings of fact and...

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