Colonial Piece Dye Works, Inc. v. General Dyestuff Corp.

Appellate Division of the Supreme Court of New York

Colonial Piece Dye Works, Inc. v. General Dyestuff Corp.

282 A.D. 858, 125 N.Y.S.2d 305, 1953 N.Y. App. Div. LEXIS 5220

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

DecidedOctober 13, 1953

StatusPublished

Cited by1 cases

This text of 282 A.D. 858 (Colonial Piece Dye Works, Inc. v. General Dyestuff Corp.) 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

Colonial Piece Dye Works, Inc. v. General Dyestuff Corp., 282 A.D. 858, 125 N.Y.S.2d 305, 1953 N.Y. App. Div. LEXIS 5220 (N.Y. Ct. App. 1953).

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Opinion

Order unanimously affirmed, with $20 costs and disbursements1 to the respondent. The case appears to present a proper situation for a claim-over under section 193-a of the Civil Practice Act in that the cross claim is sufficiently related to the main action by a common question of law and fact. Though the cross claim does not expressly allege a sale of any dyes by appellant to respondent, it does allege that there were express warranties made by appellant to respondent which were breached and we think that we may imply that there were relations between the parties which made such breaches actionable. Present — Cohn, J. P., Callahan, Breitel, Bastow and Botein, JJ. [See post, p. 935.]

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Order unanimously affirmed, with $20 costs and disbursements1 to the respondent. The case appears to present a proper situation for a claim-over under section 193-a of the Civil Practice Act in that the cross claim is sufficiently related to the main action by a common question of law and fact. Though the cross claim does not expressly allege a sale of any dyes by appellant to respondent, it does allege that there were express warranties made by appellant to respondent which were breached and we think that we may imply that there were relations between the parties which made such breaches actionable. Present — Cohn, J. P., Callahan, Breitel, Bastow and Botein, JJ. [See post, p. 935.]

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Bluebook (online)

282 A.D. 858, 125 N.Y.S.2d 305, 1953 N.Y. App. Div. LEXIS 5220, Counsel Stack Legal Research, https://law.counselstack.com/opinion/colonial-piece-dye-works-inc-v-general-dyestuff-corp-nyappdiv-1953.

Opinion

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