Fischer v. Brewery

Appellate Division of the Supreme Court of New York

Fischer v. Brewery

255 A.D. 952, 8 N.Y.S.2d 665, 1938 N.Y. App. Div. LEXIS 5985

Appellate Division of the Supreme Court of the State of New York·Decided December 9, 1938·Published

Opinion

Order unanimously reversed, with twenty dollars costs and disbursements, and the motion granted. No privity of contract between plaintiff and the defendant Pure Carbonic, Inc., is pleaded. Recovery against this defendant can only be had upon the theory of negligence. (MacPherson v. Buick Motor Company, 217 N. Y. 382.) The Statute of Limitations has clearly run against that cause of action. Present — Martin, P. J., O’Malley, Townley, Glennon and Untermyer, JJ.

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Order unanimously reversed, with twenty dollars costs and disbursements, and the motion granted. No privity of contract between plaintiff and the defendant Pure Carbonic, Inc., is pleaded. Recovery against this defendant can only be had upon the theory of negligence. (MacPherson v. Buick Motor Company, 217 N. Y. 382.) The Statute of Limitations has clearly run against that cause of action. Present — Martin, P. J., O’Malley, Townley, Glennon and Untermyer, JJ.

Fischer v. Brewery, 255 A.D. 952, 8 N.Y.S.2d 665, 1938 N.Y. App. Div. LEXIS 5985 (N.Y. Ct. App. 1938).

Pincite

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Opinion

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