Tanbro Fabrics Corp. v. Beaunit Mills, In

167 N.Y.S. 2d 387 (1957)

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Nature of the Case

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Facts

The underlying business dispute spawned three lawsuits. The first suit was brought by a seller, Beaunit (D), against a buyer, Tanbro (P), to recover the purchase price of goods sold and delivered. P filed a counterclaim for breach of warranty; improper manufacture that resulted in yarn slippage. D denied P's counterclaim. In the next suit, P sued Amity (D1) for replevin of goods in D's possession. D counterclaimed that the goods were subject to an artisan's lien and claimed that the yarn slippage was caused by D's improper handling. D claimed that it resulted from D1's improper manufacture. The third suit was by Tanbro (P) against D1 and D claiming that one of them caused the yarn slippage. P made a motion to consolidate the three actions. This last action is the main action before the court. D and D1 made cross-motions to dismiss the complaint because each had separate and independent contracts with P; there was no common question of law and fact arising out of a common transaction. The motion to consolidate was denied, and Ds’ cross-motion to dismiss the complaint as against it was granted.