Abrahams v. M. S. Berkoff Co.

Appellate Division of the Supreme Court of New York

Abrahams v. M. S. Berkoff Co.

2 A.D.2d 686, 152 N.Y.S.2d 591, 1956 N.Y. App. Div. LEXIS 5077

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 11, 1956

StatusPublished

This text of 2 A.D.2d 686 (Abrahams v. M. S. Berkoff Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Abrahams v. M. S. Berkoff Co., 2 A.D.2d 686, 152 N.Y.S.2d 591, 1956 N.Y. App. Div. LEXIS 5077 (N.Y. Ct. App. 1956).

Pincite

Opinion

In an action on behalf of the appellant, an infant, to recover damages for breach of warranty (first cause of action) and for negligence (second cause of action), and by his father for medical expenses and loss of services (third cause of action), the appeal is from an order severing the first cause of action and granting respondent’s motion to dismiss that cause of action and for judgment thereon (Rules Civ. Prac., rule 106, subd. 4; rule 112). The infant was injured when a porcelain shower handle, in the bathroom of his home, broke while he was using the shower. The shower handle was purchased in respondent’s retail store by the infant’s father. Order unanimously affirmed, with $10 costs and disbursements. No opinion. Present—-Wenzel, Acting P. J., Murphy, Ughetta, Hallinan and Kleinfeld, JJ.

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In an action on behalf of the appellant, an infant, to recover damages for breach of warranty (first cause of action) and for negligence (second cause of action), and by his father for medical expenses and loss of services (third cause of action), the appeal is from an order severing the first cause of action and granting respondent’s motion to dismiss that cause of action and for judgment thereon (Rules Civ. Prac., rule 106, subd. 4; rule 112). The infant was injured when a porcelain shower handle, in the bathroom of his home, broke while he was using the shower. The shower handle was purchased in respondent’s retail store by the infant’s father. Order unanimously affirmed, with $10 costs and disbursements. No opinion. Present—-Wenzel, Acting P. J., Murphy, Ughetta, Hallinan and Kleinfeld, JJ.

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Bluebook (online)

2 A.D.2d 686, 152 N.Y.S.2d 591, 1956 N.Y. App. Div. LEXIS 5077, Counsel Stack Legal Research, https://law.counselstack.com/opinion/abrahams-v-m-s-berkoff-co-nyappdiv-1956.