Co-op Industries, Inc. v. Pal Pools, Inc.

Appellate Division of the Supreme Court of New York

Co-op Industries, Inc. v. Pal Pools, Inc.

59 A.D.2d 753, 398 N.Y.S.2d 699, 1977 N.Y. App. Div. LEXIS 13774

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 24, 1977

StatusPublished

This text of 59 A.D.2d 753 (Co-op Industries, Inc. v. Pal Pools, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Co-op Industries, Inc. v. Pal Pools, Inc., 59 A.D.2d 753, 398 N.Y.S.2d 699, 1977 N.Y. App. Div. LEXIS 13774 (N.Y. Ct. App. 1977).

Pincite

Opinion

In an action for goods sold and delivered, in which defendant counterclaimed to recover damages for breach of warranty, negligence and loss of profits and good will, the parties cross-appeal from a judgment of the Supreme Court, Suffolk County, entered October 31, 1973, which, after a nonjury trial, is in favor of plaintiff in the principal amount of $5,291.82, upon crediting defendant with the sum of $18,000 on its first and second counterclaims. Judgment affirmed, without costs or disbursements. We agree with Trial Term that the evidence showed a breach of both express and implied warranties by plaintiff-appellant-respondent. However, we find no evidence to support the separate finding of plaintiff’s negligence in construction, fabrication and manufacture of the merchandise in question. Since the amount of damages awarded to defendant-respondent-appellant on its counterclaims in the nature of a setoff was properly measured pursuant to the breach of warranty theory, no modification of the judgment is required. Hopkins, J. P., Margett, Damiani and O’Connor, JJ., concur.

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In an action for goods sold and delivered, in which defendant counterclaimed to recover damages for breach of warranty, negligence and loss of profits and good will, the parties cross-appeal from a judgment of the Supreme Court, Suffolk County, entered October 31, 1973, which, after a nonjury trial, is in favor of plaintiff in the principal amount of $5,291.82, upon crediting defendant with the sum of $18,000 on its first and second counterclaims. Judgment affirmed, without costs or disbursements. We agree with Trial Term that the evidence showed a breach of both express and implied warranties by plaintiff-appellant-respondent. However, we find no evidence to support the separate finding of plaintiff’s negligence in construction, fabrication and manufacture of the merchandise in question. Since the amount of damages awarded to defendant-respondent-appellant on its counterclaims in the nature of a setoff was properly measured pursuant to the breach of warranty theory, no modification of the judgment is required. Hopkins, J. P., Margett, Damiani and O’Connor, JJ., concur.

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Bluebook (online)

59 A.D.2d 753, 398 N.Y.S.2d 699, 1977 N.Y. App. Div. LEXIS 13774, Counsel Stack Legal Research, https://law.counselstack.com/opinion/co-op-industries-inc-v-pal-pools-inc-nyappdiv-1977.