Sabelli v. Guild Crest Corp.

Appellate Division of the Supreme Court of New York

Sabelli v. Guild Crest Corp.

4 A.D.2d 1017, 169 N.Y.S.2d 196, 1957 N.Y. App. Div. LEXIS 3647

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

DecidedDecember 10, 1957

StatusPublished

This text of 4 A.D.2d 1017 (Sabelli v. Guild Crest Corp.) 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

Sabelli v. Guild Crest Corp., 4 A.D.2d 1017, 169 N.Y.S.2d 196, 1957 N.Y. App. Div. LEXIS 3647 (N.Y. Ct. App. 1957).

Pincite

Opinion

Special Term correctly held that the pleading of express warranties of fitness and merchantability was improper. The order made at Special Term, dated May 23, 1956, upon which this appeal is predicated is therefore modified to the extent of permitting, the appellant (the defendant in the first action and the plaintiff in the second action) to replead any breaches of implied warranties, and, as so modified, affirmed. Settle order. Concur — Peck, P. J., Breitel, Botein, Frank and Valente, JJ.

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Special Term correctly held that the pleading of express warranties of fitness and merchantability was improper. The order made at Special Term, dated May 23, 1956, upon which this appeal is predicated is therefore modified to the extent of permitting, the appellant (the defendant in the first action and the plaintiff in the second action) to replead any breaches of implied warranties, and, as so modified, affirmed. Settle order. Concur — Peck, P. J., Breitel, Botein, Frank and Valente, JJ.

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Bluebook (online)

4 A.D.2d 1017, 169 N.Y.S.2d 196, 1957 N.Y. App. Div. LEXIS 3647, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sabelli-v-guild-crest-corp-nyappdiv-1957.