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

Appellate Division of the Supreme Court of the State of New York·Decided December 15, 1935·Published

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.

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

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