B. M. C. Manufacturing Corp. v. Tarshis
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtBergan, J.
Defendants, so it is pleaded, agreed to deliver steel to the plaintiff. The steel was to be supplied to the defendants by a third party under an agreement standing independently on its own terms. The third party failed to deliver the steel to defendants who in turn failed to deliver it to the plaintiff and were sued for breach of contract.
Defendants served a third-party summons and complaint claiming a liability over, under the practice authorized by section 193-a of the Civil Practice Act. The Special Term denied a motion by the third party for the dismissal of the defendants’ complaint.
The…
2Cases cited11 opinions
- Fox v. Western New York Motor Lines, Inc.New York Court of Appeals · 1931
- Nichols v. Clark, MacMullen & Riley, Inc.New York Court of Appeals · 1933
- Czarnikow-Rionda Co. v. Federal Sugar Refining Co.New York Court of Appeals · 1930
- Cloud v. MartinAppellate Division of the Supreme Court of the State of New York · 1947
- Monteverdi v. French Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1948
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3Cited by12 opinions
- George Cohen Agency, Inc. v. Donald S. Perlman Agency, Inc.New York Court of Appeals · 1980
- Krause v. American Guarantee & Liability InsuranceNew York Court of Appeals · 1968
- Galka v. City of AlbanyAppellate Division of the Supreme Court of the State of New York · 1954
- Norman Co. v. County of NassauNew York Supreme Court · 1970
- Madison Avenue Properties Corp. v. Royal InsuranceAppellate Division of the Supreme Court of the State of New York · 1953
7 more not listed; retrieve them via the Exa API.