Flatlands Paint & Wallpaper Co. v. National Gypsum Co.

Appellate Division of the Supreme Court of New York

Flatlands Paint & Wallpaper Co. v. National Gypsum Co.

4 A.D.2d 948, 167 N.Y.S.2d 640, 1957 N.Y. App. Div. LEXIS 4101

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

DecidedNovember 4, 1957

StatusPublished

This text of 4 A.D.2d 948 (Flatlands Paint & Wallpaper Co. v. National Gypsum 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

Flatlands Paint & Wallpaper Co. v. National Gypsum Co., 4 A.D.2d 948, 167 N.Y.S.2d 640, 1957 N.Y. App. Div. LEXIS 4101 (N.Y. Ct. App. 1957).

Pincite

Opinion

In an action by a vendee against its vendor to recover damages for breach of warranty, such damages being the amount which the vendee was required to pay out to its customer by reason of the alleged defective merchandise, the appeal is from an order granting a motion to dismiss the amended complaint for insufficiency and from the judgment entered thereon. Order and judgment reversed, with- $10 costs and disbursements, and motion denied, with $10 costs. In our opinion, the amended complaint states facts sufficient to set forth a cause of action. We do not now determine whether appellant may recover the damages claimed. That question must await development of the facts on trial. Nolan, P. J., Beldock, Ughetta, Hallinan and Kleinfeld, JJ., concur.

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In an action by a vendee against its vendor to recover damages for breach of warranty, such damages being the amount which the vendee was required to pay out to its customer by reason of the alleged defective merchandise, the appeal is from an order granting a motion to dismiss the amended complaint for insufficiency and from the judgment entered thereon. Order and judgment reversed, with- $10 costs and disbursements, and motion denied, with $10 costs. In our opinion, the amended complaint states facts sufficient to set forth a cause of action. We do not now determine whether appellant may recover the damages claimed. That question must await development of the facts on trial. Nolan, P. J., Beldock, Ughetta, Hallinan and Kleinfeld, JJ., concur.

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Bluebook (online)

4 A.D.2d 948, 167 N.Y.S.2d 640, 1957 N.Y. App. Div. LEXIS 4101, Counsel Stack Legal Research, https://law.counselstack.com/opinion/flatlands-paint-wallpaper-co-v-national-gypsum-co-nyappdiv-1957.