BERTON PLASTICS, INC. v. CHEMUNG FIBERGLASS PRODS., INC.


96 A.D.2d 665 (1983)

Berton Plastics, Inc., Appellant, v. Chemung Fiberglass Products, Inc., et al., Respondents. (Action No. 1.) Chemung Fiberglass Products, Inc., Respondent, v. Berton Plastics, Inc., Appellant, and Witco Chemical Corporation, Respondent. (Action No. 2.) Dura-Bilt Products, Inc., Respondent, v. Chemung Fiberglass Products, Inc., Appellant. (Action No. 3.) Chemung Fiberglass Products, Inc., Third-Party Plaintiff-Respondent, v. Berton Plastics, Inc., Third-Party Defendant-Appellant, and Witco Chemical Corporation, Third-Party Defendant. (Action No. 4.)

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

July 21, 1983


Materials used by Chemung in the manufacturing of these accessories were purchased from Berton Plastics, Inc. (hereinafter Berton), and Witco Chemical Corporation (hereinafter Witco), and it subsequently developed that the accessories as manufactured were defective in that blisters developed thereon with resultant deterioration. As a consequence of the defective nature of the products, the present actions were instituted. Dura-Bilt...

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