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VIENNESE MELODY v. MAJESTIC REFRIGERATOR CORP.

279 A.D. 243 (1951)

Viennese Melody, Inc., Respondent, v. Majestic Refrigerator Corp., Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

December 18, 1951.

Attorney(s) appearing for the Case

Selig Kaplan of counsel (Edward H. Freiberger, attorney), for appellant.

Lewis Herman for respondent.

GLENNON, J. P., DORE, CALLAHAN and SHIENTAG, JJ., concur.

COHN, J.

Defendant installed an air conditioning system in plaintiff's restaurant with the understanding that it was to be in good working order. Part of the purchase price was paid in advance and plaintiff agreed to make deferred payments of the balance.

Notwithstanding that defendant for approximately a year after the installation endeavored on numerous occasions to have the cooling system function,...

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