BARNELLO v. PAUL-JEFFREY CO., INC.


283 A.D. 996 (1954)

Henry Barnello, Respondent, v. Paul-Jeffrey Co., Inc., Appellant

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

May 5, 1954.


Order of Onondaga County Court and order of Syracuse Municipal Court reversed, with $10 costs and disbursements, and motion denied, without costs.

Memorandum:

In this action for breach of warranty of merchantability and fitness for resale of goods sold to the plaintiff by the defendant, the defendant served notice to examine the plaintiff, as an adverse party, before trial. Upon motion of the plaintiff, in the Municipal Court of the City of Syracuse, the notice...

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