Majority
p. 704William Pearlman, as Administrator, etc., of Eunice Pearlman, Deceased, Appellant, v. Garrod Shoe Company, Inc., Respondent.
The action was brought to recover damages for the death of plaintiff’s intestate, a child of eight years, the complaint attributing to defendant both negligence and breach of warranty in selling to the mother a pair of shoes for the infant. Judgment dismissing the complaint at the close of plaintiff’s case unanimously affirmed, with costs. No opinion. Present — Martin, P. J., Merrell, Townley, Glennon and Untermyer, JJ.