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ALPER BLOUSE CO., INC. v. GEN. RAYON & SILK DYEING CORP.

276 A.D. 1007 (1950)

Alper Blouse Company, Inc., Appellant, v. General Rayon & Silk Dyeing Corp., Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

March 28, 1950.

Order, so far as appealed from, unanimously affirmed, with $20 costs and disbursements to the respondent.

VAN VOORHIS, J. (concurring in result).

Negligence and breach of warranty are different causes of action, nor are they mutually exclusive under the facts in this case. Evidence of facts, in addition to those necessary to prove breach of warranty, is required to establish negligence, nor does a cause of action pleaded in negligence arise any...

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