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GAY v. A & P FOOD STORES

39 Misc.2d 360 (1963)

Blanche Gay, Individually and as Guardian ad Litem of Walter Gay, an Infant, Plaintiff, v. A & P Food Stores, Defendant.

Civil Court of the City of New York, Bronx County.

May 29, 1963

Attorney(s) appearing for the Case

Samuel Kowal for plaintiff. Garvey & Conway (Vincent M. Sclafani of counsel), for defendant.

ARTHUR WACHTEL, J.

This is an action to recover damages for personal injuries sustained by the infant plaintiff against the retailer based on negligence and breach of warranty. The cause of action based on negligence was dismissed on the trial and the court limited plaintiff's case to breach of implied warranty of merchantability.

Plaintiff, Blanche Gay, purchased from the defendant a can of whole kernel...

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