Gambino v. John Lucas & Co.

Judgments and orders reversed on the law and facts and a new trial granted, with costs to the plaintiff-appellant to abide the event. Memorandum: The verdict of no cause for action was clearly against the weight of the evidence and should have been set aside. The facts, not in dispute, required a holding, as matter of law, that the defendant John Lucas & Co., Inc., although it was not the manufacturer thereof, impliedly warranted that the machine which it leased to the plaintiff was reasonably safe and suitable for the use intended. (Hoisting Engine Sales Co. v. Hart, 237 N. Y. 30; Hansen v.…