Appellate Division of the Supreme Court of New York, 1922

N. London, Inc. v. Nassau Smelting & Refining Works, Ltd.

N. London, Inc. v. Nassau Smelting & Refining Works, Ltd.
Appellate Division of the Supreme Court of New York · Decided March 15, 1922
201 A.D. 842
N. London, Inc. v. Nassau Smelting & Refining Works, Ltd.

Opinion of the Court

Order reversed, with ten dollars costs and disbursements, and motion to vacate order for examination granted, with ten dollars costs, on the grounds: (1) That the new issues created by defendant’s amended answer after the granting of the motion nullified the issues upon which the order for defendant’s examination was granted; and, (2) that the burden is upon defendant to establish a breach of the warranty and rescission of the contract. Present — Dowling, Laughlin, Page, Merrell and Greenbaum, JJ.

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