23 A.D.2d 771 (1965)

Nathan A. Funk et al., Appellants, v. Kaiser-Frazer Sales Corporation, Respondent

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

April 12, 1965

Judgment reversed on the law, with costs to plaintiffs, and new trial granted. No questions of fact were considered.

In their amended complaint the plaintiffs alleged a cause of action based upon defendant's breach of the warranty claimed to have been made by it to the plaintiffs when the plaintiff husband purchased the automobile, namely: that the automobile was equipped with a "safety windshield" which, upon impact, would push out, thus preventing injury. In our opinion, the plaintiffs presented sufficient evidence to go to the jury on the question of the defendant's connection with the sale of the automobile and the representations made concerning it. We also note that a plaintiff is no longer limited to express representations made in the contract; he may now reasonably rely upon representations made by a seller through mass media advertisement (Randy Knitwear v. American Cyanamid Co., 11 N.Y.2d 5).


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