BLESSINGTON v. McCRORY STORES CORP.


279 A.D. 806 (1952)

Michael Blessington, as Administrator of The Estate of Michael Blessington, Jr., Deceased, Respondent, v. McCrory Stores Corporation, Appellant, et al., Defendants, and M. A. Henry Co., Inc., Defendant and Third-Party Plaintiff. E. I. Du Pont de Nemours & Company, Third-Party Defendant

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

January 28, 1952.


Order, insofar as appealed from, denying motion of defendant to dismiss the first cause of action as barred by the three-year Statute of Limitations (Civ. Prac. Act, § 49, subd. 6), affirmed, with $10 costs and disbursements.

The action for breach of warranty, even though it rests on a tortious or wrongful act committed by the defendant is independent of an action for negligence. The wrongful act is not neglect, and privity is an essential to recovery. (Greco...

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