MAXON INT'L, INC. v. INT'L HARVESTER CO.


56 N.Y.2d 879 (1982)

Maxon International, Inc., Appellant, v. International Harvester Company, Respondent.

Court of Appeals of the State of New York.

Decided June 10, 1982.


Attorney(s) appearing for the Case

Samuel D. Hester for appellant.

P. David Twichell and Henry S. Fraser for respondent.

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.


Order affirmed, with costs, for the reasons stated in the memorandum of the Appellate Division (82 A.D.2d 1006), to which we add only that much of what plaintiff has argued before us is beyond the theory of the case as presented to the jury in a charge to which no exception was taken and, therefore, cannot be considered by us (cf. Bichler v Lilly & Co., 55 N.Y.2d 571

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