Sabelli v. Guild Crest Corp. 4 A.D.2d 1017

Special Term correctly held that the pleading of express warranties of fitness and merchantability was improper. The order made at Special Term, dated May 23, 1956, upon which this appeal is predicated is therefore modified to the extent of permitting, the appellant (the defendant in the first action and the plaintiff in the second action) to replead any breaches of implied warranties, and, as so modified, affirmed. Settle order. Concur — Peck, P. J., Breitel, Botein, Frank and Valente, JJ.