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COLONIAL PIECE DYE WORKS, INC. v. GEN. DYESTUFF CORP.

282 A.D. 858 (1953)

Colonial Piece Dye Works, Inc., Defendant and Third-Party Plaintiff-Respondent, v. General Dyestuff Corporation, Third-Party Defendant-Appellant. [Tuller Fabrics Corp., Plaintiff, v. Colonial Piece Dye Works, Inc., Defendant.]

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

October 13, 1953.

Order unanimously affirmed, with $20 costs and disbursements to the respondent.

The case appears to present a proper situation for a claim-over under section 193-a of the Civil Practice Act in that the cross claim is sufficiently related to the main action by a common question of law and fact. Though the cross claim does not expressly allege a sale of any dyes by appellant to respondent, it does allege that there were express warranties made by appellant to respondent...

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