Home/New York Court of Appeals/National Compactor & Technology Systems, Inc. v. Kohleriter & Spandorf

National Compactor & Technology Systems, Inc. v. Kohleriter & Spandorf

346 N.E.2d 824, 38 N.Y.2d 933, 382 N.Y.S.2d 985, 1976 N.Y. LEXIS 2367
CourtNew York Court of Appeals
DecidedFebruary 26, 1976
StatusPublished
Cited by4 cases

This text of 346 N.E.2d 824 (National Compactor & Technology Systems, Inc. v. Kohleriter & Spandorf) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
National Compactor & Technology Systems, Inc. v. Kohleriter & Spandorf, 346 N.E.2d 824, 38 N.Y.2d 933, 382 N.Y.S.2d 985, 1976 N.Y. LEXIS 2367 (N.Y. 1976).

Opinion

Order reversed, with costs, the question certified answered in the negative, and the case remitted, pursuant to CPLR 5613, to the Appellate Division, Second Department, for the exercise of that court’s discretion. Pleadings should be liberally construed, particularly in the case of claims over. A defendant seeking to claim over should not be obliged to anticipate what the proof will be in every detail under the pleading by the plaintiff pursued against that defendant.

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.

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Related

Schmidt v. Magnetic Head Corp.
97 A.D.2d 151 (Appellate Division of the Supreme Court of New York, 1983)
Beary v. City of Rye
44 N.Y. 398 (New York Court of Appeals, 1978)
Hobbs v. Scorse
59 A.D.2d 1037 (Appellate Division of the Supreme Court of New York, 1977)
National Compactor & Technology Systems, Inc. v. Kohleriter & Spandorf
52 A.D.2d 621 (Appellate Division of the Supreme Court of New York, 1976)

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Bluebook (online)
346 N.E.2d 824, 38 N.Y.2d 933, 382 N.Y.S.2d 985, 1976 N.Y. LEXIS 2367, Counsel Stack Legal Research, https://law.counselstack.com/opinion/national-compactor-technology-systems-inc-v-kohleriter-spandorf-ny-1976.