Lamport Co. v. Fisher Bookbinding Co.

Appellate Division of the Supreme Court of New York

Lamport Co. v. Fisher Bookbinding Co.

277 A.D.2d 870

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

DecidedJune 27, 1950

StatusPublished

This text of 277 A.D.2d 870 (Lamport Co. v. Fisher Bookbinding 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

Lamport Co. v. Fisher Bookbinding Co., 277 A.D.2d 870 (N.Y. Ct. App. 1950).

Pincite

Opinion

-We are not required to rule whether the five-day limitation on [871]*871making claims, contained in the contract between the parties, is binding and should be enforced in this action. Defendant’s delay of fifty days in inspecting the goods and discovering defects which were apparent on examination was unreasonable and bars the defense based on such delayed inspection and discovery. Determination of the Appellate Term and orders of the City Court unanimously reversed, with costs to the plaintiff in all courts, the motion for summary judgment granted and judgment is directed to be entered in favor of the plaintiff for the relief demanded in the complaint. Present — Peck, P. J., Cohn, Callahan, Van Voorhis and Shientag, JJ. •

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-We are not required to rule whether the five-day limitation on [871]*871making claims, contained in the contract between the parties, is binding and should be enforced in this action. Defendant’s delay of fifty days in inspecting the goods and discovering defects which were apparent on examination was unreasonable and bars the defense based on such delayed inspection and discovery. Determination of the Appellate Term and orders of the City Court unanimously reversed, with costs to the plaintiff in all courts, the motion for summary judgment granted and judgment is directed to be entered in favor of the plaintiff for the relief demanded in the complaint. Present — Peck, P. J., Cohn, Callahan, Van Voorhis and Shientag, JJ. •

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Bluebook (online)

277 A.D.2d 870, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lamport-co-v-fisher-bookbinding-co-nyappdiv-1950.