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COTT v. GEN. MOTORS CORP.

10 A.D.2d 853 (1960)

John J. Cott et al., Appellants, v. General Motors Corp., Respondent

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

April 4, 1960

In an action by homeowners who purchased, from a distributor, steel tubing manufactured by defendant for radiant heating, to recover damages for breach of warranty and negligent misrepresentation in advertising, judgment was entered dismissing the complaint upon the merits at the close of the plaintiffs' case, on the ground that privity of contract was essential. Plaintiffs' proposed record on the appeal therefrom omitted the testimony...

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