Legal Opinion

New Paltz Growers, Inc. v. Jersey Ice Machine Co.

New York Supreme Court

Decided July 1, 1965Published

1Opinion of the CourtJohn H. Pennock, J.

This is a motion by the third-party defendant for an order dismissing a third-party complaint of the defendant and third-party plaintiff, upon the ground that the said third-party plaintiff has unreasonably neglected to proceed in the action.

The main action was instituted on May 18,1960, by the plaintiff, New Paltz Growers, Inc., against the defendant, Jersey Ice Machine Company, Inc., to recover damages in the amount óf $40,000 caused by a failure of certain refrigeration equipment sold to the plaintiff by the defendant which resulted in a loss of the plaintiff’s apple crop. On or about…

2Cases cited2 opinions

  1. Heischober v. PolishookAppellate Division of the Supreme Court of the State of New York · 1912
  2. Leone v. O. Roy Chalk 77th Street, Inc.New York Supreme Court · 1960

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