VARONE v. CALARCO


22 Misc.2d 1085 (1960)

Jane Varone, Plaintiff, v. Sebastian Calarco, Doing Business as Calarco Wholesale Grocery Co., Defendant.

Supreme Court, Special Term, Schenectady County.

April 30, 1960.


Attorney(s) appearing for the Case

Doyle & Heffernan for plaintiff.

Maynard, O'Connor & Smith for defendant.


MICHAEL E. SWEENEY, J.

This is a motion by plaintiff for summary judgment under rule 113 of the Rules of Civil Practice. Defendant cross-moves for similar relief. The action itself is brought for personal injuries based on breach of warranty in that certain canned tuna fish sold by the defendant to the plaintiff was not fit for human consumption.

It is incumbent on the court to determine whether a bona fide issue exists. This can be done only...

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