THOMAS v. LEARY


15 A.D.2d 438 (1962)

John M. Thomas, Appellant, v. Gerald V. Leary, Doing Business as Bison City Stationers, Respondent

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

February 22, 1962.


Attorney(s) appearing for the Case

Brock, Brock, Chirlin & Zisser (Thomas R. Zaso of counsel), for appellant.

Martin A. Schnorr and John H. Napier for respondent.

BASTOW, HALPERN and HENRY, JJ., concur with WILLIAMS, P. J.;


WILLIAMS, P. J.

We are asked to review an order of Special Term which dismissed, because of legal insufficiency, an alleged cause of action claiming injuries resulting from breach of warranty.

It is alleged that the defendant, who was in the business of selling office furniture and supplies, sold a chair to a dentist; that plaintiff was employed in the dentist's office as a dental technician and that defendant knew or should have known that the...

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