Seltzer v. Miles Shoes, Inc. , 1943 N.Y. Misc. LEXIS 1538 ( 1943 )

Per Curiam.

The testimony by the infant’s mother of an admission by defendant’s manager several days after the sale was inadmissible. There was no competent evidence of a defect readily observable by one who understood shoes or which might be found by inspection alone.

Judgment reversed and a new trial ordered, with thirty dollars costs to appellant to abide the event.

Hammer and McLaughlin, JJ., concur; Miller, J., dissents.