Legal Opinion

Halpern v. Jad Construction Corp.

New York Court of Appeals

Decided February 11, 1965PublishedCited by 2 opinions

1Opinion of the Court

Order affirmed without costs. The complaint states no cause of action, either in negligence or breach of warranty, against defendant Firestone. However, in reaching this conclusion, we find it unnecessary to consider the question—and we reserve it for a proper case—whether an action for breach of an implied warranty may ever be brought against the manufacturer of a component part such as an automobile tire. (Cf. Goldberg v. Kollsman Instrument Corp., 12 N Y 2d 432, 437.)

Concur: Chief Judge Desmond and Judges Dye, Fuld, Van Voorhis, Burke, Scileppi and Bergan.

2Cited by2 opinions

  1. Franov v. Exxon Co.Appellate Division of the Supreme Court of the State of New York · 1991
  2. Collins v. Uniroyal, Inc.Supreme Court of New Jersey · 1974