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Adelman Manufacturing Corp. v. New York Wood Finisher's Supply Co.

277 A.D.2d 1117 Court Second Department, Decision date 1950-12-04 English

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p. 1117
Second Department,
December, 1950.
(December 4, 1950.)
Adelman Manufacturing Corp., Respondent, v. New York Wood Finisher’s Supply Co., Inc., Defendant and Third-Party Plaintiff-Appellant. Sun Indemnity Company of New York, Third-Party Defendant-Respondent.

In an action to recover damages for breach of warranty of fitness and merchantability, defendant, as third-party plaintiff, served a summons and complaint on the third-party defendant, its insurer, pursuant to section 193-a of the Civil Practice Act. The court granted the third-party defendant’s motion to dismiss the complaint, and the third-party plaintiff appeals. Order granting the third-party defendant’s motion to dismiss the complaint, and the judgment entered thereon, reversed on the law and the facts, with $10 costs and disbursements to the third-party plaintiff, and the motion denied, with $10 costs to said third-party plaintiff. (Brooklyn Tarn Bye Co. v. Empire State Warehouses Corp., 276 App. Div. 611 .) Johnston, Acting P. J., Adel and Sneed, JJ., concur; Wenzel, J., concurs on the authority of Brooklyn Yarn Bye Co. v. Empire State Warehouses Corp. ( 276 App. Div. 611 ) but adheres to the views expressed in his dissenting opinion in that case; MacCrate, J., not voting.