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UPSTATE SHREDDING, LLC v. CARLOSS WELL SUPPLY CO.

No. 3:99-CV-751.

84 F.Supp.2d 357 (2000)

UPSTATE SHREDDING, LLC and Ben Weitsman & Son, Inc., Plaintiffs, v. CARLOSS WELL SUPPLY CO. (d/b/a Carloss Company); and Dresser Equipment Group, Inc. (d/b/a Waukesha Engine), Defendants. Carloss Well Supply Co. (d/b/a Carloss Company), Third-Party Plaintiff, v. Eaton Corporation; Young Radiator Co.,; and W.A. Kraft Corp., Third-Party Defendants.

United States District Court, N.D. New York.

February 22, 2000.

Attorney(s) appearing for the Case

Levene, Gouldin & Thompson, LLP, Vestal, NY, for plaintiffs, Philip C. Johnson, of counsel.

Hancock & Estabrook, LLP, Syracuse, NY, for defendant Carloss Well Supply Co. d/b/a Carloss Company, Eric C. Nordby, John L. Murad, Jr., of counsel.

Nixon Peabody LLP, Rochester, NY, for defendant Dresser Equipment Group, Inc. d/b/a Waukesha Engine, Richard A. McGuirk, Harold A. Kurland, of counsel.

MEMORANDUM—DECISION & ORDER

McAVOY, Chief Judge.

Defendant Dresser Equipment Group, Inc. d/b/a Waukesha Engine ("Waukesha") moves: (1) to dismiss Plaintiffs Upstate Shredding, LLC ("Upstate Shredding") and Ben Weitsman & Son, Inc.'s ("Weitsman") Third and Fourth Causes of Action alleging a breach of the implied warranties of merchantability and fitness, respectively, pursuant to FED.R.CIV.P. 12(b)(6); and (2) to stay the present action pending...

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