Legal Opinion

Willard Van Dyke Productions, Inc. v. Eastman Kodak Co.

New York Court of Appeals

Decided March 28, 1963PublishedCited by 59 opinions

1Opinion of the CourtFuld, J.

This case, submitted to the Appellate Division on an agreed statement of facts (Civ. Prac. Act, §§ 546-548) and here by our leave, poses the question whether the written notice accompanying the sale of film by the defendant Eastman Kodak Company is effectual to limit its liability for negligence in the subsequent processing of that same film.

*303In January of 1959 the plaintiff, a corporation engaged in commercial photography, purchased a number of rolls of Kodak Ektachrome Commercial 16mm film from the defendant’s agent in New York. The plaintiff had contracted with the Western Electric Company…

2Cases cited8 opinions

  1. Thompson-Starrett Co. v. Otis Elevator Co.New York Court of Appeals · 1936
  2. Mynard v. Syracuse, Binghamton & New York RailroadNew York Court of Appeals · 1877
  3. Walters v. Rao Electrical Equipment Co.New York Court of Appeals · 1942
  4. Boll v. Sharp & Dohme, Inc.Appellate Division of the Supreme Court of the State of New York · 1953
  5. Howard v. Handler Bros. & Winell, Inc.Appellate Division of the Supreme Court of the State of New York · 1951

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3Cited by59 opinions

  1. Gross v. SweetNew York Court of Appeals · 1979
  2. Neville Chemical Company v. Union Carbide CorporationCourt of Appeals for the Third Circuit · 1970
  3. Cyr v. B. Offen & Co.Court of Appeals for the First Circuit · 1974
  4. Alphonse Cyr, Jr. And Arlene Cyr v. B. Offen & Co., Inc., and Third-Party v. Blanchard Press, Inc., Third-Party Cyrenus Couture, Adm. Estate of Richard Couture v. B. Offen & Co., Inc., and Third-Party v. Blanchard Press, Inc., Third-Party Alphonse Cyr, Jr. And Arlene Cyr v. R. Hoe & Co., Inc., and Third-Party v. Rumford Printing Company, Third-PartyCourt of Appeals for the First Circuit · 1974
  5. Griffin v. Nationwide Moving & Storage Co.Supreme Court of Connecticut · 1982

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