Eastern Steel Tank Corp. v. Staten Island Home Utilities Co.

Appellate Division of the Supreme Court of New York

Eastern Steel Tank Corp. v. Staten Island Home Utilities Co.

8 A.D.2d 624, 185 N.Y.S.2d 756, 1959 N.Y. App. Div. LEXIS 9230

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

DecidedApril 13, 1959

StatusPublished

This text of 8 A.D.2d 624 (Eastern Steel Tank Corp. v. Staten Island Home Utilities Co.) 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

Eastern Steel Tank Corp. v. Staten Island Home Utilities Co., 8 A.D.2d 624, 185 N.Y.S.2d 756, 1959 N.Y. App. Div. LEXIS 9230 (N.Y. Ct. App. 1959).

Pincite

Opinion

In an action to recover a balance due on the sale and delivery of two 115,000-gallon fuel tanks a counterclaim was interposed to recover damages for breach of warranty. It is agreed that the contract of the parties required the purchaser to furnish the foundation for the tanks. The tanks buckled when, prior to the installation of saddles or other external bracing, they were subjected to the hydrostatic pressure tests prescribed by the Administrative Code of the City of New York. The appeal is from a judgment entered after trial before the court without a jury in favor of respondent and dismissing appellant’s counterclaim. Judgment unanimously affirmed, with costs. No opinion. Present — Nolan, P. J., Wenzel, Murphy, Hallinan and Kleinfeld, JJ.

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In an action to recover a balance due on the sale and delivery of two 115,000-gallon fuel tanks a counterclaim was interposed to recover damages for breach of warranty. It is agreed that the contract of the parties required the purchaser to furnish the foundation for the tanks. The tanks buckled when, prior to the installation of saddles or other external bracing, they were subjected to the hydrostatic pressure tests prescribed by the Administrative Code of the City of New York. The appeal is from a judgment entered after trial before the court without a jury in favor of respondent and dismissing appellant’s counterclaim. Judgment unanimously affirmed, with costs. No opinion. Present — Nolan, P. J., Wenzel, Murphy, Hallinan and Kleinfeld, JJ.

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Bluebook (online)

8 A.D.2d 624, 185 N.Y.S.2d 756, 1959 N.Y. App. Div. LEXIS 9230, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eastern-steel-tank-corp-v-staten-island-home-utilities-co-nyappdiv-1959.