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Bloom v. Gimbel Brothers, Inc.

Appellate Division of the Supreme Court of New York, First Department
Mar 22, 1960
10 A.D.2d 695 (N.Y. App. Div. 1960)

Opinion

March 22, 1960


Judgment unanimously reversed on the law and on the facts and in the exercise of discretion, the third-party action is reinstated, and a new trial ordered, with costs to abide the event. While we are of the opinion that there was substantial compliance with the requirements of the code, that fact alone is not determinative nor necessarily exclusive on the issue of liability because of the nature of the preparation. Whether there was a breach of warranty in light of the express purpose and knowledge of the use to which the preparation would be put is another question to be passed upon on a new trial.

Concur — M.M. Frank, J.P., Valente, McNally, Stevens and Bergan, JJ.


Summaries of

Bloom v. Gimbel Brothers, Inc.

Appellate Division of the Supreme Court of New York, First Department
Mar 22, 1960
10 A.D.2d 695 (N.Y. App. Div. 1960)
Case details for

Bloom v. Gimbel Brothers, Inc.

Case Details

Full title:BENJAMIN BLOOM, Appellant-Respondent, v. GIMBEL BROTHERS, INC. et al.…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 22, 1960

Citations

10 A.D.2d 695 (N.Y. App. Div. 1960)