VAN DYKE PRODS. v. EASTMAN KODAK CO.


12 N.Y.2d 301 (1963)

Willard Van Dyke Productions, Inc., Respondent, v. Eastman Kodak Company, Appellant.

Court of Appeals of the State of New York.

Decided March 28, 1963.


Attorney(s) appearing for the Case

Haliburton Fales, II, and William D. Conwell for appellant.

Henry J. Robinson for respondent.

Chief Judge DESMOND and Judges DYE, BURKE, FOSTER and SCILEPPI concur; Judge VAN VOORHIS taking no part.


FULD, J.

This case, submitted to the Appellate Division on an agreed statement of facts (Civ. Prac. Act, §§ 546-548) and here by our leave, poses the question whether the written notice accompanying the sale of film by the defendant Eastman Kodak Company is effectual to limit its liability for negligence in the subsequent processing of that same film.

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