Leslie-Henry Co. v. C & C Button & Trimming Co.

Appellate Division of the Supreme Court of New York

Leslie-Henry Co. v. C & C Button & Trimming Co.

1 A.D.2d 951, 150 N.Y.S.2d 770, 1956 N.Y. App. Div. LEXIS 5619

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

DecidedApril 30, 1956

StatusPublished

This text of 1 A.D.2d 951 (Leslie-Henry Co. v. C & C Button & Trimming 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

Leslie-Henry Co. v. C & C Button & Trimming Co., 1 A.D.2d 951, 150 N.Y.S.2d 770, 1956 N.Y. App. Div. LEXIS 5619 (N.Y. Ct. App. 1956).

Pincite

Opinion

Judgment unanimously modified so as to provide that the dismissal of the complaint is on the merits and with prejudice. The proof amply supports the finding of the trial court that plaintiff did not sustain its burden of proving reliance on the skill and judgment of the defendant when purchasing the merchandise and that the merchandise was not of good merchantable quality. Settle order on notice. Concur ■— Botein, J. P., Frank, Valente, Bergan and Bastow, JJ.

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Judgment unanimously modified so as to provide that the dismissal of the complaint is on the merits and with prejudice. The proof amply supports the finding of the trial court that plaintiff did not sustain its burden of proving reliance on the skill and judgment of the defendant when purchasing the merchandise and that the merchandise was not of good merchantable quality. Settle order on notice. Concur ■— Botein, J. P., Frank, Valente, Bergan and Bastow, JJ.

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Bluebook (online)

1 A.D.2d 951, 150 N.Y.S.2d 770, 1956 N.Y. App. Div. LEXIS 5619, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leslie-henry-co-v-c-c-button-trimming-co-nyappdiv-1956.