Appellate Division of the Supreme Court of New York, 1976

Zucker v. Siegel

Zucker v. Siegel
Appellate Division of the Supreme Court of New York · Decided November 29, 1976
54 A.D.2d 979; 388 N.Y.S.2d 667; 1976 N.Y. App. Div. LEXIS 14926
Zucker v. Siegel

Opinion of the Court

In an action inter alia to recover damages for breach of warranty, plaintiff Harry Zucker appeals from a judgment of the Supreme Court, Nassau County, entered May 11, 1976, which, after a nonjury trial, inter alia, is in favor of defendant Siegel and against him. Judgment affirmed, with costs. The trial court’s determination that appellant did not rely upon the warranty was amply supported by the evidence. Appellant’s claim was properly rejected (cf. Friedman v Medtronic, Inc., 42 AD2d 185). Margett, Acting P. J., Rabin, Hawkins and Mollen, JJ., concur.

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