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SCHOENFELD v. CAKE NOOK, INC.

17 Misc.2d 69 (1959)

Benjamin Schoenfeld, Plaintiff, v. Cake Nook, Inc., Defendant and Third-Party Plaintiff. Marvin J. Raubvogel, Third-Party Defendant.

Supreme Court, Westchester County.

April 30, 1959.

Attorney(s) appearing for the Case

Hyman H. Hammer for third-party defendant.

Tropp & Steinbock (I. Sidney Worthman of counsel), for third-party plaintiff.

ARTHUR D. BRENNAN, J.

This is a motion by the third-party defendant to dismiss the third-party complaint for legal insufficiency.

The plaintiff in his complaint alleges that he purchased bread from the defendant, a retail baker; that the bread contained a broken blade and that when the plaintiff attempted to consume the bread he was injured by reason of the presence of the broken blade in the bread. Said...

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