WELCH v. SCHIEBELHUTH


11 Misc.2d 312 (1957)

Elizabeth Welch et al., Plaintiffs, v. David S. Schiebelhuth, Doing Business as Village Bake Shop, Defendant.

Supreme Court, Special Term, Kings County.

November 26, 1957.


Attorney(s) appearing for the Case

Hoffman & Rubin for plaintiffs.

Samuel Schub for defendant.


JACOB J. SCHWARTZWALD, J.

In an action to recover damages for personal injuries plaintiffs move to amend their complaint to allege for each of them an additional cause of action for breach of an implied warranty of quality and wholesomeness in the sale of food.

In substance the complaint presently alleges that one Joan Welch purchased a crumb custard cake from the defendant which was baked by the latter...

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