GREENBERG v. LORENZ


9 N.Y.2d 195 (1961)

Sheila Greenberg, an Infant, by Louis Greenberg, Her Guardian ad Litem, et al., Appellants, v. Louis Lorenz et al., Doing Business as Pelham Dairies, Defendants-Respondents and Third-Party Plaintiffs. Bernice Foods, Inc., Third-Party Defendant.

Court of Appeals of the State of New York.

Decided March 2, 1961.


Attorney(s) appearing for the Case

Alfred S. Julien and Theodore Kamens for appellants.

William F. McNulty for respondents.

Judges DYE, FULD, VAN VOORHIS, BURKE and FOSTER concur with Chief Judge DESMOND; Judge FROESSEL concurs in result in a separate opinion.


Chief Judge DESMOND.

The infant plaintiff and her father sue a retail food dealer for damages for breach of alleged warranties of fitness and wholesomeness (Personal Property Law, § 96, subds. 1, 2). Defendant, they say, sold the father a can of salmon for consumption in the family home. The tinned fish, so it is alleged, was unfit for use as food because it contained some pieces of sharp metal which injured...

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