Legal Opinion
Schoenfeld v. Cake Nook, Inc.
New York Supreme Court
Decided April 30, 1959PublishedCited by 1 opinion
1Opinion of the CourtArthur D. Brennan, J.
This is a motion by the third-party defendant to dismiss the third-party complaint for legal insufficiency.
The plaintiff in his complaint alleges that he purchased bread from the defendant, a retail baker; that the bread contained a broken blade and that when the plaintiff attempted to consume the bread he was injured by reason of the presence of the broken blade in the bread. Said complaint is predicated on breach of warranty of fitness of the bread for human consumption.
The defendant, as third-party plaintiff, impleaded the third-party defendant by the service of a third-party complaint…
2Cases cited3 opinions
- Debby Junior Coat & Suit Co. v. Wollman Mills, Inc.New York Supreme Court · 1955
- V. B. Construction Co. v. MurrayAppellate Division of the Supreme Court of the State of New York · 1948
- Colonial Piece Dye Works, Inc. v. General Dyestuff Corp.Appellate Division of the Supreme Court of the State of New York · 1953
3Cited by1 opinion
- Assured Guaranty Municipal Corp. v. DB Structured Products, Inc.New York Supreme Court · 2011