Salzano v. First National Stores, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The defendant appeals from a judgment of the City Court of Mount Vernon in favor of two infant plaintiffs, and from an order denying defendant’s motion to set aside the verdict and for the direction of a verdict in its favor. The father of one plaintiff, who was the uncle of the other, purchased from the defendant retailer certain oatmeal which was claimed to contain a foreign substance which made the children ill. The complaint was framed entirely on the theory of a breach of an implied warranty. .Upon this appeal plaintiffs seek to uphold the judgment upon the theories (1) that the purchase…
2Cases cited6 opinions
- Schmidt v. Merchants Despatch Transportation Co.New York Court of Appeals · 1936
- Greco v. S. S. Kresge Co.New York Court of Appeals · 1938
- Gimenez v. Great Atlantic & Pacific Tea Co.New York Court of Appeals · 1934
- Dicaprio v. . N.Y.C.R.R. Co.New York Court of Appeals · 1921
- Chotapeg, Inc. v. BullowaNew York Court of Appeals · 1943
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Mull v. Colt Co.District Court, S.D. New York · 1962
- Parish v. Great Atlantic & Pacific Tea Co.City of New York Municipal Court · 1958
- Greenberg v. LorenzAppellate Division of the Supreme Court of the State of New York · 1959
- Piazza v. Fischer Baking Co.City of New York Municipal Court · 1950
- Alphin v. La Salle Diners, Inc.City of New York Municipal Court · 1950
3 more not listed; retrieve them via the Exa API.