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FORTUNATO v. CRAFT

21 A.D.2d 330 (1964)

Peter Fortunato, Appellant, v. Arthur D. Craft, Doing Business as Craft's T. B. A. Service, Defendant, and Ranger Tires, Inc., Respondent

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

June 8, 1964.

Attorney(s) appearing for the Case

Acker & Hoffman (Samuel Spevack of counsel; Bernard Meyerson with him on the brief), for appellant.

Walter Davis for Ranger Tires, Inc., respondent.

UGHETTA, Acting P. J., BRENNAN, RABIN and HOPKINS, JJ., concur.

CHRIST, J.

The single question presented on this appeal is whether one who has bought a recapped automobile tire from a retail tire dealer may recover from the recapper damages for personal injury sustained while handling the tire, on the theory of breach of warranty of merchantability, fitness and suitability for use, where the recapper in the course of its business had recapped the tire and sold it to the retail...

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