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BECTON v. FIRESTONE TIRE CO.

38 A.D.2d 693 (1972)

Linwood Becton, Respondent, v. Firestone Tire Co., Appellant, et al., Defendant

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

January 13, 1972

We have held that the mere fact of a "blowout" does not, in and of itself, establish a breach of warranty (Halpern v. Jad Constr. Corp., 19 A.D.2d 875, affd. 15 N.Y.2d 823). Plaintiff has failed to allege in what respect there was such breach, and wherein the deficiency lay. It might be that on a repleading the defect can be remedied. In light of the short interval between purchase of the tire...

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