GREENBERG v. LORENZ


14 Misc.2d 279 (1957)

Sheila Greenberg, an Infant, by Louis Greenberg, Her Guardian ad Litem, et al., Plaintiffs, v. Louis Lorenz et al., Doing Business as Pelham Dairies, Defendants.

City Court of the City of New York, Bronx County.

December 10, 1957.


Attorney(s) appearing for the Case

Rudser & Fitzpatrick (James A. Hogarty of counsel), for defendants.

Theodore Kamens and Jacob Bachkoff for plaintiffs.


JULIUS J. GANS, J.

This action is for breach of warranty and the case was tried without a jury. Findings of fact and conclusions of law are waived. Defendants rested at the end of the plaintiffs' case and moved for dismissal of the complaints, which motion is herewith denied.

The court is satisfied that the infant plaintiff, a high school student of 14 years of age, when informed by her mother that they were going to have tuna fish salad for supper...

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