Majority
p. 736Thelma Amie, Appellant, v. Helen Laure, Individually and Doing Business as James Laure Building Supplies, Respondent, et al., Defendant.
Order insofar as appealed from unanimously reversed, without costs of this appeal to any party and motion denied, without costs. Memorandum: The complaint sets forth a cause of action based on breach of warranty. (See Randy Knitwear v. American Cyanamid Co,, 11 N Y 2d 5 ; Thomas v. Leary,
p. 737
15 A D 2d 438 .) (Appeal by plaintiff from certain parts of an order of Onondaga Special Term granting the motion of defendant Laure to dismiss plaintiff’s complaint.) Present — Williams, P. J., Goldman, Halpern, McClusky and Henry, JJ.
Cases cited
- Randy Knitwear, Inc. v. American Cyanamid Co. 11 N Y 2d 5 p. 736
- Thomas v. Leary 15 A D 2d 438 p. 737