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PANASONIC v. EMERSON QUIET KOOL

269 N.J. Super. 502 (1993)

635 A.2d 1024

PANASONIC INDUSTRIAL COMPANY, A DIVISION OF MATSUSHITA ELECTRIC CORPORATION OF AMERICA, PLAINTIFFS, v. EMERSON QUIET KOOL CORPORATION, DEFENDANT.

Superior Court of New Jersey, Law Division Somerset County.

September 1, 1993.

Attorney(s) appearing for the Case

Robert H. Simandl for plaintiffs (Simandl and Geer, attorneys).

Paul T. Graham for defendant (Pitney, Hardin, Kipp and Szuch, attorneys).

ARNOLD, P.J.Cv.

This is a contract/breach of warranty action. The plaintiff, Panasonic Industrial Company (Panasonic), seeks to recover $2,760,499.66 from the defendant, Emerson Quiet Kool Corporation (Emerson), for air conditioner compressors supplied to Emerson. While admitting receipt of the compressors, Emerson has counterclaimed alleging breach of warranty due to an "epidemic failure" of the compressors.

At trial Emerson sought to introduce the deposition...

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