Consolidated Midland Corp. v. Columbia Pharmaceutical Corp.

In an action to recover damages for negligence and breach of warranty, plaintiff appeals from a judgment of the Supreme Court, Westchester County, entered May 3, 1971, in favor of defendant, upon the dismissal of the complaint at the end of plaintiff’s case at a non jury trial. Judgment reversed, on the law and in the interests of justice, and new trial granted, with costs to abide the event. The appeal did not present questions of fact. In our opinion, it was error for the trial court to refuse to admit into evidence plaintiff’s exhibits which were marked 10 and 11 for identification. While…