Hilton Watch Co., Inc. v. Benrus Watch Co.

Full title: HILTON WATCH CO., INC., Appellant, v. BENRUS WATCH CO. et al., Respondents

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

Date published: Nov 24, 1953

282 App. Div. 939 (N.Y. App. Div. 1953)

Opinion

November 24, 1953.

Present — Peck, P.J., Dore, Callahan, Breitel and Bastow, JJ.;

Order, so far as appealed from, affirmed, with $20 costs and disbursements to the respondents. No opinion.

Peck, P.J., and Bastow, J., dissent and vote to modify so as to grant leave to serve amended complaint substituting the proposed fourth cause of action in the designated supplemental complaint for the second cause of action in the original complaint. This conforms with the reality of the situation. [See 283 App. Div. 655. ]