New York Court of Appeals, 1976

Simchick v. I. M. Young & Co.

New York Court of Appeals · Decided February 26, 1976

38 N.Y.2d 921; 19 U.C.C. Rep. Serv. (West) 459; 346 N.E.2d 818; 382 N.Y.S.2d 980; 1976 N.Y. LEXIS 2363

Cases that cite this one

1 later published case cites this decision.

Gavilanes v. Gerber Products Company (District Court, E.D. New York 2021)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Memorandum. We affirm on the memorandum at the Ap*923pellate Division (47 AD2d 549). In so doing, we note that the quarantine was imposed upon plaintiffs crop only after cauliflower from his field was tested and found to have an impermissible residue of Endrin. We would also note that the theory of liability was not "strict liability in tort” as stated below (47 AD2d, at p 551). Rather, liability was predicated solely upon the seller’s express and implied warranties of fitness and merchantability. (Cf. Victorson v Bock Laundry Mach. Co., 37 NY2d 395, 402, 404, n 3.)

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur.

Order affirmed, with costs, in memorandum.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.