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TYRRELL v. LAY

197 Misc. 858 (1950)

Mary Tyrrell et al., Respondents, v. William Lay et al., Appellants.

Supreme Court, Appellate Term, Second Department.

May 25, 1950.

Attorney(s) appearing for the Case

Bernard Meyerson and A. I. Madison for appellants.

Nicholas Reigi for respondents.

STEINBRINK, FENNELLY and RUBENSTEIN, JJ., concur.

Per Curiam.

There was no privity of contract between plaintiff husband and defendant Lay which would afford any basis for a recovery for loss of his wife's services and medical expenses on the theory of breach of warranty. (Gimenez v. Great Atlantic & Pacific Tea Co., 264 N.Y. 390, 393.)

The judgment in favor of plaintiff wife against defendants, and in favor of plaintiff husband against defendant...

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