Legal Opinion

Pierce v. International Harvester Co.

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

Decided December 15, 1978PublishedCited by 4 opinions

1Opinion of the Court

OPINION OF THE COURT

Witmer, J.

The issue on this appeal is whether Special Term abused its discretion in ordering that the two cases involved herein be tried together. We conclude that it did.

The issue grows out of our decision in a prior appeal in case No. 1, that is, Pierce v International Harvester Co. (61 AD2d 255); and the facts and applicable law in that case are basic to our consideration of this appeal. In 1973 plaintiff bought from defendant International Harvester Company a used tractor for use in hauling trailers in the transportation business. Defendant certified to plaintiff that…

2Cases cited14 opinions

  1. Dole v. Dow Chemical Co.New York Court of Appeals · 1972
  2. Graphic Arts Mutual Insurance v. Bakers Mutual InsuranceNew York Court of Appeals · 1978
  3. Kelly v. YannottiNew York Court of Appeals · 1958
  4. Todd v. Gull Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1964
  5. Pierce v. International Harvester Co.Appellate Division of the Supreme Court of the State of New York · 1978

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3Cited by4 opinions

  1. Stephens v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 1992
  2. Sheppard v. Charles A. Smith Well Drilling & Water SystemsAppellate Division of the Supreme Court of the State of New York · 1984
  3. Catanese v. FurmanAppellate Division of the Supreme Court of the State of New York · 2004
  4. Redanz v. KuntzAppellate Division of the Supreme Court of the State of New York · 1984

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