Legal Opinion

Sunny Side Up, Inc. v. Agway, Inc.

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

Decided November 9, 1972PublishedCited by 5 opinions

1Opinion of the Court

Appeal from an order of the Supreme Court at Special Term, entered June 7, 1971 in Sullivan County, which (1) granted respondents’ motion for consolidation and ordered action No. 2 to be consolidated with action Nq, 1 in Sullivan County, and (2) denied appellant’s cross motion (a) to dismiss respondent guarantors’ cause of action in No. 1 for cancellation of the guaranty and (b) to dismiss respondents’ affirmative defenses in action No. 2. Respondent corporation in action No. 1 sued in Sullivan County for damages in the amount of $188,219 for breach of warranties and negligence in connection…

2Cases cited1 opinion

  1. United States ex rel. Fram Corp. v. CrawfordCourt of Appeals for the Fifth Circuit · 1971

3Cited by5 opinions

  1. Paul Conte Cadillac, Inc. v. C.A.R.S. Purchasing Service, Inc.Appellate Division of the Supreme Court of the State of New York · 1987
  2. Foley Machinery Co. v. Amaco Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1987
  3. Maggio Importato, Inc. v. Cimitron Inc.Appellate Division of the Supreme Court of the State of New York · 1993
  4. Orbis Co. v. RiveraAppellate Division of the Supreme Court of the State of New York · 1988
  5. United States Ex Rel. Saunders Concrete Co. v. Tri-State Design Construction Co.District Court, N.D. New York · 1995

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