Meckler v. Silver's Lunch Stores, Inc. , 246 A.D. 806 ( 1935 )

The complaint alleges that, as a result of the consumption of certain unwholesome scallops served to plaintifi in the restaurant of defendant, she was made violently ill; that the sale of said scallops carried with it an implied warranty of fitness for use, which warranty was breached. Judgment reversed, with costs, and the complaint dismissed, with costs, on the ground that plaintifi failed to prove any cause of action. Present — Martin, P. J., Townley, Untermyer, Dore and Cohn, JJ.