Judgment reversed on the law, without costs, and complaint dismissed, without costs. The findings of fact implicit in the verdict are affirmed.
In our opinion, plaintiff failed to make out a prima facie case of breach of warranty. On October 2, 1957 decedent entered a sewer carrying an oxygen-producing mask, manufactured and shipped by appellant to defendant S. A. Healy Co. in June, 1953, and which Healy sold to decedent's employer on November 19, 1956. Within less...
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