Legal Opinion
Greenberg v. Lorenz
New York Court of Appeals
Decided March 2, 1961PublishedCited by 44 opinions
1Opinion of the Court
Chief Judge Desmond.
The infant plaintiff and her father sue a retail food dealer for damages for breach of alleged warranties of fitness and wholesomeness (Personal Property Law, § 96, subds. 1, 2). Defendant, they say, sold the father a can of salmon for consumption in the family home. The tinned fish, so it is alleged, was unfit for use as food because it contained some pieces of sharp metal which injured the child’s teeth and mouth. The trial at City Court produced a judgment for both plaintiffs on the warranty theory. The Trial Justice commented on the trend away from such decisions as…
2Cases cited14 opinions
- MacPherson v. . Buick Motor Co.New York Court of Appeals · 1916
- Ultramares Corp. v. ToucheNew York Court of Appeals · 1931
- Woods v. LancetNew York Court of Appeals · 1951
- Ryan v. Progressive Grocery Stores, Inc.New York Court of Appeals · 1931
- Blessington v. McCrory Stores Corp.New York Court of Appeals · 1953
9 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Vandermark v. Ford Motor Co.California Supreme Court · 1964
- Denny v. Ford Motor Co.New York Court of Appeals · 1995
- In Re "Agent Orange" Product Liability LitigationDistrict Court, E.D. New York · 1984
- Putnam v. StoutNew York Court of Appeals · 1976
- Skyline Agency, Inc. v. Ambrose Coppotelli, Inc.Appellate Division of the Supreme Court of the State of New York · 1986
39 more not listed; retrieve them via the Exa API.