FUNK v. KAISER-FRAZER SALES CORP.


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...

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