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Harrington v. Norco Fruit Distributors, Inc.

Appellate Division of the Supreme Court of New York, First Department
Jun 20, 1972
39 A.D.2d 872 (N.Y. App. Div. 1972)

Opinion

June 20, 1972


Order, Supreme Court, New York County, entered on February 1, 1972, denying motion pursuant to CPLR 3211 to dismiss the complaint, unanimously reversed, on the law, the motion granted, the complaint dismissed and the action severed as to defendant-appellant. Appellant shall recover of respondent $50 costs and disbursements of this appeal. Neither the complaint nor the opposing affidavit set forth facts in support of the conclusory allegations of the complaint. Defendant-appellant, as broker in the transaction, was under no obligation except as provided in section 7-507 of the Uniform Commercial Code. Plaintiff has not submitted evidence of knowledge of any fact on the part of the appellant impairing the validity or worth of the commodities contracts for future delivery here involved. ( Indig v. Finkelstein, 23 N.Y.2d 728; Aetna Ins. Co. v. Allstate Co., 33 A.D.2d 551.)

Concur — Stevens, P.J., McGivern, Kupferman, Murphy and McNally, JJ.


Summaries of

Harrington v. Norco Fruit Distributors, Inc.

Appellate Division of the Supreme Court of New York, First Department
Jun 20, 1972
39 A.D.2d 872 (N.Y. App. Div. 1972)
Case details for

Harrington v. Norco Fruit Distributors, Inc.

Case Details

Full title:ALBERT W. HARRINGTON, as Assignee of UNITED APPLE SALES, INC., Respondent…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 20, 1972

Citations

39 A.D.2d 872 (N.Y. App. Div. 1972)