McGuiness v. Roux Distributing Co.
This text of 19 Misc. 2d 956 (McGuiness v. Roux Distributing Co.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Plaintiff failed to establish that the hair dye she purchased contained any deleterious substance. This is á necessary element. (Karr v. Inecto, Inc., 247 N. Y. 360.) The occurrence of skin damage is not such proof unless other possible causes are excluded by competent professional testimony. (Cahill v. Inecto, Inc., 208 App. Div. 191; see Karr v. Inecto, Inc., supra, p. 364.)
The judgment should be reversed, with costs, and complaint dismissed, with costs to appellant.
Concur — Steueb, J. P., Hoestadteb and Aurelio, JJ.
Judgment reversed, etc.
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Cite This Page — Counsel Stack
19 Misc. 2d 956, 196 N.Y.S.2d 164, 1959 N.Y. Misc. LEXIS 3504, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcguiness-v-roux-distributing-co-nyappterm-1959.