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SNYDER v. GEN. MILLS, INC.

12 A.D.2d 732 (1960)

Peggy A. Snyder, an Infant, by Her Guardian ad Litem, Henry Snyder, Plaintiff, v. General Mills, Inc., Appellant, and Becker Market, Inc., Respondent Henry Snyder, Plaintiff, v. General Mills, Inc., Appellant, and Becker Market, Inc., Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

December 8, 1960

Order unanimously affirmed, with $25 costs and disbursements.

Memorandum:

The cross claim of defendant, Becker Market, Inc., might be construed as one seeking recovery over based upon breach of warranty as well as negligence. Upon argument of the appeal, however, Becker Market, Inc., in substance has made the claim more definite and certain by a concession that it was not intended to allege a cause of action for recovery...

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