Levi v. E. J. Korvette, Inc.

Judgment appealed from unanimously reversed, on the law and a new trial ordered, with $50 costs and disbursements to abide the event. The verdict is against the weight of the credible evidence. There is no satisfactory proof of a breach of warranty, express or implied, of fitness for use. And the testimony of plaintiff’s expert as to the angle of slope of the lawn, based entirely upon his observation of a photograph, or photographs, is entirely too speculative (cf. Valle v. City of New York, 22 Misc 2d 985; Rotker v. City of New York, 124 N. Y. S. 2d 231). This case may be distinguished from…