GREENBERG v. LORENZ


12 Misc.2d 883 (1958)

Sheila Greenberg, an Infant, by Louis Greenberg, Her Guardian ad Litem, et al., Respondents-Appellants, v. Louis Lorenz et al., Doing Business as Pelham Dairies, Defendants and Third-Party Plaintiffs-Appellants-Respondents. Bernice Foods, Inc., Third-Party Defendant.

Supreme Court, Appellate Term, First Department.

September 25, 1958.


Attorney(s) appearing for the Case

Theodore Kamens and Jacob Bachkoff for respondents-appellants.

William F. McNulty for appellants-respondents.

AURELIO, J., concurs with HOFSTADTER, J.; STEUER, J. P., dissents in opinion.


HOFSTADTER, J.

This case poses the challenging question whether an infant may maintain an action for damages for breach of the implied warranty of fitness for consumption where food was purchased by her parent.

The defendants conduct a neighborhood store at which the father of the infant plaintiff, Sheila, then 15 years old, on his way home at the end of his day's work purchased a can of brand-name salmon...

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