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

National Compactor & Technology Systems, Inc., Respondent, v. Kohleriter & Spandorf, Appellant. (And Another Title.)

Nat'l Compactor & Tech. Sys., Inc. v. Kohleriter & Spandorf, 346 N.E.2d 824 (N.Y. 1976)
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Court
New York Court of Appeals · State Highest Courts
Decided
February 26, 1976
Citations
346 N.E.2d 82438 N.Y.2d 933382 N.Y.S.2d 9851976 N.Y. LEXIS 2367

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.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1976: 11977: 11978: 11983: 119762026peak 1976 · 1

Relies on it most ⓘ

  1. Schmidt v. Magnetic Head Corp.97 A.D.2d 151 (1983)
  2. Hobbs v. Scorse59 A.D.2d 1037 (1977)
  3. Beary v. City of Rye44 N.Y. 398 (1978)
  4. National Compactor & Technology Systems, Inc. v. Kohleriter & Spandorf52 A.D.2d 621 (1976)

Most recent

  1. Schmidt v. Magnetic Head Corp.97 A.D.2d 151 (1983)
  2. Beary v. City of Rye44 N.Y. 398 (1978)
  3. Hobbs v. Scorse59 A.D.2d 1037 (1977)
  4. National Compactor & Technology Systems, Inc. v. Kohleriter & Spandorf52 A.D.2d 621 (1976)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

No citations to other opinions in this database were found.

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