¶1Special 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.
4 A.D.2d 1017
Sabelli v. Guild Crest Corp.
Appellate Division of the Supreme Court of the State of New York
Decided December 10, 1957
Appellate Division of the Supreme Court of the State of New York · decided 1957-12-10
Cited by 2 later decisions — most recently July 1979
2 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1957-12-10
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