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MENDENHALL v. MARION FOODS CORP.

57 A.D.2d 1041 (1977)

Ann Mendenhall, Respondent, v. Marion Foods Corporation, Appellant

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

May 20, 1977

Order unanimously affirmed, with costs.

Memorandum:

Defendant appeals from a denial of its motion pursuant to CPLR 3211 (subd [a], par 1) to dismiss plaintiff's second cause of action for breach of an implied warranty of fitness on the ground that such warranty was effectively disclaimed by language contained in a contract between the parties. Although as a general rule the construction of a written instrument is a question of law

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