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NELSON v. DYKES LUMBER CO., INC.

52 A.D.2d 808 (1976)

Thomas A. Nelson et al., Respondents, v. Dykes Lumber Company, Inc., Appellant and Third-Party Plaintiff-Respondent. Kerby Saunders, Inc., Third-Party Defendant-Appellant

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

May 18, 1976

In this action by plaintiff Nelson to recover for personal injuries due to alleged negligence and breach of warranty by defendant Dykes in supplying defective scaffold planking to plaintiff's employer Kerby Saunders, the verdict in favor of plaintiff based solely on breach of warranty was proper. There was an implied warranty from Dykes to plaintiff of fitness for use of lumber Kerby Saunders obtained from Dykes and used as scaffold planking, which gave way while plaintiff...

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