Legal Opinion
Varone v. Calarco
New York Supreme Court
Decided April 30, 1960PublishedCited by 5 opinions
1Opinion of the CourtMichael E. Sweeney, J.
This is a motion by plaintiff for summary judgment under rule 113 of the Buies of Civil Practice. Defendant cross-moves for similar relief. The action itself is brought for personal injuries based on breach of warranty in that certain canned tuna fish sold by the defendant to the plaintiff was not fit for human consumption.
It is incumbent on the court to determine whether a bona fide issue exists. This can be done only by an examination of the pleadings, together with the various papers submitted by both parties. If the plaintiff makes out a case on the pleadings and other papers submitted by…
2Cases cited11 opinions
- Curry v. MacKenzieNew York Court of Appeals · 1925
- Ryan v. Progressive Grocery Stores, Inc.New York Court of Appeals · 1931
- Greco v. S. S. Kresge Co.New York Court of Appeals · 1938
- Gimenez v. Great Atlantic & Pacific Tea Co.New York Court of Appeals · 1934
- Dodwell & Co. v. SilvermanAppellate Division of the Supreme Court of the State of New York · 1932
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3Cited by5 opinions
- Stark v. Chock Full O'NutsAppellate Terms of the Supreme Court of New York · 1974
- Finocchiaro v. Ward Baking CompanySupreme Court of Rhode Island · 1968
- Hunt v. Ferguson-Paulus EnterprisesOregon Supreme Court · 1966
- Rudloff v. Wendy's Restaurant of Rochester, Inc.New York Supreme Court · 2006
- Kaiser v. StateNew York Court of Claims · 1967