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 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).


Comment

1000 Characters Remaining

Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions.

User Comments

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases