Jones v. Klachkin

Plaintiff alleges that he was employed in a book bindery. His employers rented a machine called a Seybold flat paper cutter from the defendants. In using this machine plaintiff alleges that he was severely injured. The complaint contains allegations that the defendants warranted to plaintiff’s employer that the machine was safe to use and that it was unsafe in that it lacked guards.

These facts do not constitute a cause of action. It is elementary that a warranty applies only to the parties to a contract (Galvin v. Lynch, 137 Misc. 126). That is not to say that one who supplies a defective…