Blessington v. McCrory Stores Corp.

279 A.D. 806 | N.Y. App. Div. | 1952

The action for breach of warranty, even though it rests on a tortious or wrongful act committed by the defendant is independent of an action for negligence. The wrongful act is not neglect, and privity is an essential to recovery. (Greco v. Kresge Co., 277 R. V. 26, 30, 31, 34, 35; Gimenez v. Great Atlantic & Pacific Tea Co., 264 R. Y. 390; Rinaldi v. Mohican Co., 225 N. Y. 70, 75.) This action is controlled by subdivisions 1 and 3 of section 48 of the Civil Practice Act, the six-year statute. Carswell, Acting P. J., Johns ton, Adel, Wenzel and MacCrate, JJ., concur. [See post, pp. 918, 1009.]

Case Details

Case Name: Blessington v. McCrory Stores Corp.

Court Name: Appellate Division of the Supreme Court of the State of New York

Date Published: Jan 28, 1952

Citation: 279 A.D. 806

Court Abbreviation: N.Y. App. Div.