Barni v. Kutner

Carey, J.:

The points raised can most conveniently be considered in the order followed in the briefs. For the purpose of these motions, all allegations in the complaints must be accepted as true.

The Barni Complaint(a) The breach of warranty count.

To this count defendant raises three objections: (1) lack of privity of contract between Mrs. Barni and the defendant; (2) failure to aver consideration for the warranty; (3) failure to give due and proper notice of the breach.

The first objection applies, of -course, only to- Lorraine Y. Barni. The complaint clearly shows that she was not a party to…