Johns-Manville International Corp. v. Insul-Fil Co.

Motion to dismiss amended complaint on the ground that the Canton of Basel, Confederation of Switzerland, is a necessary party without whose presence in the action the court should not proceed is denied. The action is for breach of warranty in respect of material supplied by the defendants to the plaintiffs, for installation by the latter in a hospital in Switzerland pursuant to a contract between one of them and Basel. The defendants argue that under the recent relaxation of the rule of priority in actions'for breach of warranty (Randy Knitwear v. American Cyanamid Co., 11 N Y 2d 5; Goldberg…