Meckler v. Silver's Lunch Stores, Inc.

Appellate Division of the Supreme Court of New York

Meckler v. Silver's Lunch Stores, Inc.

246 A.D. 806

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

DecidedDecember 15, 1935

StatusPublished

This text of 246 A.D. 806 (Meckler v. Silver's Lunch Stores, Inc.) 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

Meckler v. Silver's Lunch Stores, Inc., 246 A.D. 806 (N.Y. Ct. App. 1935).

Pincite

Opinion

The complaint alleges that, as a result of the consumption of certain unwholesome scallops served to plaintifi in the restaurant of defendant, she was made violently ill; that the sale of said scallops carried with it an implied warranty of fitness for use, which warranty was breached. Judgment reversed, with costs, and the complaint dismissed, with costs, on the ground that plaintifi failed to prove any cause of action. Present — Martin, P. J., Townley, Untermyer, Dore and Cohn, JJ.

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The complaint alleges that, as a result of the consumption of certain unwholesome scallops served to plaintifi in the restaurant of defendant, she was made violently ill; that the sale of said scallops carried with it an implied warranty of fitness for use, which warranty was breached. Judgment reversed, with costs, and the complaint dismissed, with costs, on the ground that plaintifi failed to prove any cause of action. Present — Martin, P. J., Townley, Untermyer, Dore and Cohn, JJ.

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Bluebook (online)

246 A.D. 806, Counsel Stack Legal Research, https://law.counselstack.com/opinion/meckler-v-silvers-lunch-stores-inc-nyappdiv-1935.