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MUELLER v. TEICHNER

6 N.Y.2d 903 (1959)

Betty L. Mueller, an Infant, by Her Guardian ad Litem, Oscar Mueller, Respondent, et al., Plaintiff, v. Juda Teichner, Doing Business as Bronx Siphon Supply Company, Appellant, et al., Defendants.

Court of Appeals of the State of New York.

Decided July 8, 1959.

Attorney(s) appearing for the Case

Clarence E. Mellen and Frederick Mellor for appellant.

Bernard Meyerson, Harry H. Lipsig and Sidney Newman for respondent.

Concur: Chief Judge CONWAY and Judges DESMOND, DYE, FULD and BURKE. Judge VAN VOORHIS dissents in the following opinion in which Judge FROESSEL concurs.

Judgment affirmed, with costs.

VAN VOORHIS, J. (dissenting).

The judgment of the Appellate Division goes beyond anything held in MacPherson v. Buick Motor Co. (217 N.Y. 382), Smith v. Peerless Glass Co. (259 N.Y. 292), or other cases cited by respondent. In the MacPherson case, as the majority opinion says, the manufacturer of an automobile put it on the market as a finished assembled product under the well-known trade name...

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