AM. BOILER TANK & WELDING CO., INC. v. BELOIT CORP., BELOIT JONES DIV.


177 A.D.2d 905 (1991)

American Boiler Tank & Welding Company, Inc., Respondent, v. Beloit Corporation, Beloit Jones Division, Appellant

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

November 27, 1991


Mahoney, P. J.

In January 1989, plaintiff and defendant contracted to have plaintiff construct a steel pulper tank for use in defendant's paper producing business. To this end, defendant provided plaintiff with specifications for the tank, which included certain welding qualifications and called for passivation or acid cleaning of the tank. Construction was apparently completed without passivation, and in April 1989 plaintiff asked defendant to make a...

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