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RYPINS v. ROWAN

30 Misc.2d 568 (1961)

Linda S. Rypins, an Infant, by Roy Rypins, Her Guardian ad Litem, et al., Plaintiffs, v. Harold F. Rowan et al., Defendants.

Supreme Court, Special Term, Nassau County.

August 29, 1961

Attorney(s) appearing for the Case

Joseph F. Thierman for plaintiff. Shatzkin & Cooper (Sheldon Rudoff of counsel), for Excelum Aluminum Products Co., defendant.

MARIO PITTONI, J.

Motion to dismiss as insufficient (Rules Civ. Prac., rule 106, subd. 4) the fourth cause of action of the complaint is granted.

While the rule with respect to privity of contract has been relaxed, the relaxation thus far is only with respect to food and household goods, where according to Greenberg v. Lorenz (9 N.Y.2d 195, 200) "the presumption...

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