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LOG CABIN REST, INC. v. ALPINE WINE & LIQUOR CORP.

280 A.D. 943 (1952)

Log Cabin Rest, Inc., Respondent, v. Alpine Wine & Liquor Corp., Appellant

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

October 14, 1952.

In our opinion the facts alleged in the first cause of action, for breach of warranty, are sufficient, without reference to the allegations of paragraphs Twelfth and Thirteenth, and it is not necessary on this appeal to determine whether plaintiff may recover damages for all of the injuries therein alleged. Neither is it necessary, since the motion to dismiss was directed against the entire complaint, to determine whether or not the allegations of the second cause of action...

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