Norton v. Fello

Appellate Terms of the Supreme Court of New York

Norton v. Fello

23 Misc. 2d 924, 206 N.Y.S.2d 229, 1960 N.Y. Misc. LEXIS 3699

CourtAppellate Terms of the Supreme Court of New York

DecidedJanuary 29, 1960

StatusPublished

This text of 23 Misc. 2d 924 (Norton v. Fello) 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.

Bluebook

Norton v. Fello, 23 Misc. 2d 924, 206 N.Y.S.2d 229, 1960 N.Y. Misc. LEXIS 3699 (N.Y. Ct. App. 1960).

Pincite

Opinion

Per Curiam.

The theory of the action, as pleaded, was breach of warranty. The determination made below was based solely upon negligence. A new trial is required since the issues presented in the breach of warranty action were not considered or passed upon.

[925]*925The judgment should be unanimously reversed upon the law and facts and a new trial ordered, with costs to defendants to abide the event.

Concur — Hart, Di Giovanna and Brown, JJ.

Judgment reversed, etc.

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Per Curiam.

The theory of the action, as pleaded, was breach of warranty. The determination made below was based solely upon negligence. A new trial is required since the issues presented in the breach of warranty action were not considered or passed upon.

[925]*925The judgment should be unanimously reversed upon the law and facts and a new trial ordered, with costs to defendants to abide the event.

Concur — Hart, Di Giovanna and Brown, JJ.

Judgment reversed, etc.

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Bluebook (online)

23 Misc. 2d 924, 206 N.Y.S.2d 229, 1960 N.Y. Misc. LEXIS 3699, Counsel Stack Legal Research, https://law.counselstack.com/opinion/norton-v-fello-nyappterm-1960.