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SIMPSON v. EICHENBRUNNER

31 Misc.2d 958 (1961)

Leroy Simpson, Respondent, v. Leo Eichenbrunner, Doing Business as Leo's Hardware & Supply Co., et al., Appellants. Leo Eichenbrunner, Doing Business as Leo's Hardware & Supply Co., Defendant-Appellant and Third-Party Plaintiff-Respondent, v. A. Flohr Co., Inc., et al., Third-Party Defendant-Appellant. A. Flohr Co., Inc., et al., Third-Party Defendant-Respondent, v. H. D. Hudson Mfg. Co., Inc., Defendant-Appellant.

Supreme Court, Appellate Term, First Department.

July 13, 1961

Attorney(s) appearing for the Case

Branda Fryer Lysaght & Peterson (John C. Corbett of counsel), for H. D. Hudson Mfg. Co., Inc., appellant. Leinwand, Grossman & Maron (Milford D. Gerton of counsel), for A. Flohr & Co., Inc., appellant. Calvin Polivy for Leo Eichenbrunner, appellant. Finn, Rebecchi, Winnie & Matis (Raymond Rebecchi of counsel), for Leroy Simpson, respondent.

Concur — HOFSTADTER, HECHT and AURELIO, JJ.

Per Curiam.

Plaintiff has established a prima facie case of breach of warranty. Although the plaintiff's employer rather than the plaintiff was the legal purchaser of the machine, the plaintiff comes within the extension of the rule of privity as laid down in Greenberg v. Lorenz (9 N.Y.2d 195) as between plaintiff and the defendant Leo Eichenbrunner, doing business as Leo...

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