Log Cabin Rest, Inc. v. Alpine Wine & Liquor Corp.

In an action to recover damages, allegedly suffered by plaintiff by reason of the mislabeling of a quantity of bottled whiskey sold by defendant to plaintiff, order denying defendant’s, motion to dismiss the complaint for insufficiency affirmed, with $10 costs and disbursements. In our opinion the facts alleged in the first cause of action, for breach of warranty, are sufficient, without reference to the allegations of paragraphs Twelfth and Thirteenth, and it is not necessary on this appeal to determine whether plaintiff may recover damages for all of the injuries therein alleged. Neither is…