CUTLER-HAMMER v. TROY


283 A.D. 123 (1953)

Cutler-Hammer, Inc., Appellant, v. Arnold I. Troy et al., Doing Business as Eastern Metal Products Co., Respondents

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

December 15, 1953.


Attorney(s) appearing for the Case

Sidney Holzer of counsel (Reich, Peller, Guadagno & Caine, attorneys), for appellant.

Alvin Miller for respondents.

PECK, P. J., and BASTOW, J., concur with BREITEL, J.; DORE, J., dissents and votes to modify, in opinion in which COHN, J., concurs.


BREITEL, J.

The court is in unanimous agreement that the determination on the complaint may not be disturbed. Disagreement exists only as to the finding in favor of defendants on the counterclaim. Consequently, attention will be directed to that phase of the case.

Defendants, the Troys, are manufacturers of electrical appliances requiring plastic handles and knobs. Plaintiff, Cutler-Hammer, manufactured...

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