Opinion
April 30, 1956
Judgment unanimously modified so as to provide that the dismissal of the complaint is on the merits and with prejudice. The proof amply supports the finding of the trial court that plaintiff did not sustain its burden of proving reliance on the skill and judgment of the defendant when purchasing the merchandise and that the merchandise was not of good merchantable quality. Settle order on notice.
Concur — Botein, J.P., Frank, Valente, Bergan and Bastow, JJ.