Mesick v. Polk — 296 N.Y. 673

Majority

p. 673

Edward A. Mesick, Jr., an Infant, by Edward A. Mesick, His Guardian ad Litem, et al., Respondents, v. Irwin S. Polk et al., Doing Business under the Name of Polk’s Model Craft Hobbies, Appellants, et al., Defendants.

Argued September 30, 1946;

decided October 18, 1946.

p. 674

J. Leonard Stoll and Monroe J. Winsten for appellants.

William A. Michel for respondents.

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.