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Maxon International v. International Harvester Company

Court of Appeals of the State of New York
Jun 10, 1982
56 N.Y.2d 879 (N.Y. 1982)

Opinion

Argued May 11, 1982

Decided June 10, 1982

Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, PAUL J. YESAWICH, JR., J.

Samuel D. Hester for appellant.

P. David Twichell and Henry S. Fraser for respondent.


Order affirmed, with costs, for the reasons stated in the memorandum of the Appellate Division ( 82 A.D.2d 1006), to which we add only that much of what plaintiff has argued before us is beyond the theory of the case as presented to the jury in a charge to which no exception was taken and, therefore, cannot be considered by us (cf. Bichler v Lilly Co., 55 N.Y.2d 571).

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.


Summaries of

Maxon International v. International Harvester Company

Court of Appeals of the State of New York
Jun 10, 1982
56 N.Y.2d 879 (N.Y. 1982)
Case details for

Maxon International v. International Harvester Company

Case Details

Full title:MAXON INTERNATIONAL, INC., Appellant, v. INTERNATIONAL HARVESTER COMPANY…

Court:Court of Appeals of the State of New York

Date published: Jun 10, 1982

Citations

56 N.Y.2d 879 (N.Y. 1982)
453 N.Y.S.2d 428
438 N.E.2d 1143

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