A. S. Rampell, Inc. v. Hyster Co.

Breitel, J. (dissenting in part).

I dissent in part and vote to further modify the order to the extent of dismissing the first and third causes of action, without leave to replead.

The six causes of action contained in the second amended complaint arise out of a manufacturer-distributor relationship of 14 years’ standing. Common to the first four causes of action are the allegations that the distributorship of plaintiff was terminated by defendant manufacturer and the taking over of four employees of plaintiff distributor, and, impliedly, that a factory branch was set up by the manufacturer in…