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JERRY v. BORDEN CO.

45 A.D.2d 344 (1974)

Eugenia Jerry, an Infant, by Eugene Jerry, Her Father and Natural Guardian, et al., Appellants, v. Borden Company et al., Respondents, et al., Defendant

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

July 1, 1974.

Attorney(s) appearing for the Case

Kelly, Callahan & Duffy (John J. Duffy of counsel), for appellants.

Mulholland, Minion & Roe (John F. Mulholland of counsel), for the Borden Company, respondent.

Montfort, Healy, McGuire & Salley (E. Richard Rimmels, Jr. of counsel), for Parisian Beauty Salon, respondent.

LATHAM, COHALAN, CHRIST and BRENNAN, JJ., concur.

HOPKINS, Acting P. J.

Eugenia Jerry, the infant plaintiff, suffered complete baldness after undergoing hair straightening treatment at the hands of defendant Parisian Beauty Salon using a product known as Vigorol, manufactured by defendant the Borden Company. This action, brought on her behalf, sought recovery of damages from both these defendants on four counts: (1) against Borden on the theory of negligence...

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