New York Court of Appeals, 1976

National Compactor & Technology Systems, Inc. v. Kohleriter & Spandorf

New York Court of Appeals · Decided February 26, 1976

38 N.Y.2d 933; 346 N.E.2d 824; 382 N.Y.S.2d 985; 1976 N.Y. LEXIS 2367

Cases that cite this one

4 later published cases cite this decision.

Schmidt v. Magnetic Head Corp. (Appellate Division of the Supreme Court of New York 1983)
Beary v. City of Rye (N.Y. 1978)
Hobbs v. Scorse (Appellate Division of the Supreme Court of New York 1977)
National Compactor & Technology Systems, Inc. v. Kohleriter & Spandorf (Appellate Division of the Supreme Court of New York 1976)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

Order reversed, with costs, the question certified answered in the negative, and the case remitted, pursuant to CPLR 5613, to the Appellate Division, Second Department, for the exercise of that court’s discretion. Pleadings should be liberally construed, particularly in the case of claims over. A defendant seeking to claim over should not be obliged to anticipate what the proof will be in every detail under the pleading by the plaintiff pursued against that defendant.

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.