Mesick v. Polk

296 N.Y. 673 | NY | 1946

Order reversed and complaint dismissed, with costs in all courts, and question certified answered in the negative, on the ground that there was no duty upon a mere vendor to warn the ultimate purchaser against exposure of the capsule to heat. No opinion.

Concur: DESMOND, THACHER, DYE and FULD, JJ. Dissenting: LOUGHRAN, Ch. J., LEWIS and CONWAY, JJ.