LARDARO v. M B S CIGAR CORP.


10 Misc.2d 873 (1957)

Domenico Lardaro, Plaintiff, v. M B S Cigar Corporation et al., Defendants.

Municipal Court of the City of New York, Borough of Queens.

May 28, 1957.


Attorney(s) appearing for the Case

Theodore Alexander Bardy for plaintiff.

L. D. Fouquet for M B S Cigar Corporation, defendant.

A. J. Clarke for Planters Nut & Chocolate Co., defendant.


JOHN J. MANGAN, J.

The plaintiff in this case claimed he purchased a candy bar from M B S Cigar Corp. It was contained in a wrapper bearing the name Planters Nut & Chocolate Co. as the manufacturer; he had bitten into the bar two or three times and was stuck by a piece of metal in the bar resulting in infection to his mouth and the loss of two teeth and a broken bridge.

Plaintiff contends that there was an implied warranty that the food was...

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