Wanek v. Great Atlantic and Pacific Tea Co.

In an action for damages for breach of warranty of fitness *884of food for human consumption, judgment for plaintiff affirmed, with costs, pursuant to the provisions of section 106 of the Civil Practice Act; order denying motion for a new trial on the ground of newly-discovered evidence affirmed, without costs. No opinion. Lazansky, P. J., Hagarty, Johnston and Adel, JJ., concur; Taylor, J., dissents and votes for reversal and a new trial.