It’s pretty inexcusable for a car dealer embroiled in a class-action suit not to timely notify a vendor who might be implicated. But should that reticence — deliberate or no — bar the dealer from suing the vendor later on?
Lower courts have come to different answers in Kent Motor Cars Inc. v. Reynolds and Reynolds, A-102/103-09. A trial judge said yes, the Appellate Division said no, and now the issue is in the Supreme Court’s hands.
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