DRAKE v. CHARLES OF FIFTH AVE., INC.


33 A.D.2d 987 (1970)

Libby Drake, Appellant, v. Charles of Fifth Avenue, Inc., Respondent

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

January 15, 1970


Judgment unanimously reversed on the law and facts and new trial granted, with costs, to appellant to abide the event.

Memorandum:

Plaintiff's fingers were seriously injured as the result of the application to her fingernails of a product sold to her by respondent. We conclude that the court erred in refusing to charge, as requested, that if the jury found that defendant had expressly warranted that the product was safe for anyone who purchased it then the...

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