Wanek v. Great Atlantic and Pacific Tea Co.

Appellate Division of the Supreme Court of New York

Wanek v. Great Atlantic and Pacific Tea Co.

250 A.D. 883, 297 N.Y.S. 438, 1937 N.Y. App. Div. LEXIS 9558

Appellate Division of the Supreme Court of the State of New York·Decided April 30, 1937·Published

Opinion

In an action for damages for breach of warranty of fitness [884]*884of food for human consumption, judgment for plaintiff affirmed, with costs, pursuant to the provisions of section 106 of the Civil Practice Act; order denying motion for a new trial on the ground of newly-discovered evidence affirmed, without costs. No opinion. Lazansky, P. J., Hagarty, Johnston and Adel, JJ., concur; Taylor, J., dissents and votes for reversal and a new trial.

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In an action for damages for breach of warranty of fitness [884]*884of food for human consumption, judgment for plaintiff affirmed, with costs, pursuant to the provisions of section 106 of the Civil Practice Act; order denying motion for a new trial on the ground of newly-discovered evidence affirmed, without costs. No opinion. Lazansky, P. J., Hagarty, Johnston and Adel, JJ., concur; Taylor, J., dissents and votes for reversal and a new trial.

Wanek v. Great Atlantic and Pacific Tea Co., 250 A.D. 883, 297 N.Y.S. 438, 1937 N.Y. App. Div. LEXIS 9558 (N.Y. Ct. App. 1937).

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