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Tanbro Fabrics Corp. v. Beaunit Mills, Inc.
Supreme Court of New York, Appellate Division, First Department
167 N.Y.S.2d 387 (N.Y. App. Div. 1957)
Tanbro Fabrics Corp. (Tanbro) (plaintiff) contracted to buy goods from Beaunit Mills, Inc. (Beaunit) (defendant). Most of the goods were delivered except for a portion that was still held by the processor, Amity. Nonetheless, Tanbro did not pay for the goods because they were allegedly defective on account of “yarn slippage.” Beaunit brought an initial suit against Tanbro to recover the purchase price. Tanbro then filed a suit against Amity to recover the rest of the goods. After Beaunit and Amity claimed that the other party was at fault for the yarn slippage, Tanbro initiated this third suit against both Beaunit and Amity. Tanbro filed a motion to consolidate all three suits. The trial court denied Tanbro’s motion to consolidate. Tanbro appealed.
Rule of Law
Holding and Reasoning (Breitel, J.)
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