Appellate Division of the Supreme Court of New York, 1937

Altman v. National Dyeing & Printing Co

Altman v. National Dyeing & Printing Co
Appellate Division of the Supreme Court of New York · Decided March 12, 1937
250 A.D. 744; 295 N.Y.S. 479; 1937 N.Y. App. Div. LEXIS 8723
Altman v. National Dyeing & Printing Co

Opinion of the Court

Judgment reversed with costs and iudgment directed in favor of the defendant on the merits dismissing the complaint with costs, upon the ground that the credible evidence not only precludes any recovery on express or implied warranty, but. also clearly indicates that the goods were purchased “ as is ” after a full and complete inspection by the plaintiff. Present — Martin, P. J., Townley, Glennon, Untermyer and Dore, JJ. Untermyer and Dore, JJ., dissent and vote for affirmance.

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