Hamilton Printing Co. v. Ernest Payne Corp.

Appeal from an order of the Supreme Court, Ulster County, denying appellant’s motion pursuant to CPLR 3211 (subd. [a], par. 7) to dismiss respondent’s amended complaint upon the grounds it fails to state a cause of action. Respondent seeks to recover from appellant and/or the Wolff Book Mfg. Co., Inc., for breach of warranty in connection with certain machinery it purchased. While the complaint taken alone indicates that appellant acted solely as an agent for a disclosed principal, Wolff Book Mfg. Co., and thus that there would ordinarily be no cause of action against it, Special Term found…