FELDBERG v. HOWARD FULTON ST., INC.


20 A.D.2d 555 (1963)

Emanuel Feldberg, Appellant, v. Howard Fulton Street, Inc., Defendant-Respondent and Third-Party Plaintiff. Brentwood Sportswear, Third-Party Defendant

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

December 16, 1963


Judgment, insofar as appealed from, reversed on the law, with costs to plaintiff; third-party action severed; and a new trial ordered as between plaintiff and defendant Howard Fulton Street, Inc.

It was error to permit the experts, over the plaintiff's objection, to give their opinion that the shirt was of merchantable quality and that its material made it reasonably fit for use as a shirt. These conclusions embraced the very issues to be decided by the jury (Personal...

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