¶1We think the *925papers are plainly insufficient to justify the order appealed from. Order of the County Court of Suffolk county reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs; but the defendants may withdraw their defense of the breach of warranty so that it may be the subject of an independent action, if they be so advised. Jenks, P. J., Mills, Rich, Blackmar and Kelly, JJ., concurred.
188 A.D. 924
Cadenasso v. Bernagozzi
Appellate Division of the Supreme Court of the State of New York
Decided May 15, 1919
Appellate Division of the Supreme Court of the State of New York · decided 1919-05-15
Decided 1919-05-15