Appellate Division of the Supreme Court of New York, 1950

Lamport Co. v. Fisher Bookbinding Co.

Lamport Co. v. Fisher Bookbinding Co.
Appellate Division of the Supreme Court of New York · Decided June 27, 1950
277 A.D.2d 870
Lamport Co. v. Fisher Bookbinding Co.

Opinion of the Court

-We are not required to rule whether the five-day limitation on *871making claims, contained in the contract between the parties, is binding and should be enforced in this action. Defendant’s delay of fifty days in inspecting the goods and discovering defects which were apparent on examination was unreasonable and bars the defense based on such delayed inspection and discovery. Determination of the Appellate Term and orders of the City Court unanimously reversed, with costs to the plaintiff in all courts, the motion for summary judgment granted and judgment is directed to be entered in favor of the plaintiff for the relief demanded in the complaint. Present — Peck, P. J., Cohn, Callahan, Van Voorhis and Shientag, JJ. •

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