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BROWN v. HERSCH CHEMISTS

281 A.D. 43 (1952)

Lilah B. Brown, as Administratrix of The Estate of Eugene W. Bradley, Deceased, Plaintiff, v. Hersch Chemists, Inc., Appellant; Progressive Drug Co., Inc., Respondent, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, First Department.

December 16, 1952.

Attorney(s) appearing for the Case

Jonas J. Shapiro of counsel (B. Leo Schwarz with him on the brief; Matthew H. Lawless, attorney), for appellant.

Walter L. Glenney of counsel (Glenney, Mathews & Hampton, attorneys), for respondent.

DORE, J. P., COHN, VAN VOORHIS and BREITEL, JJ., concur.

Per Curiam.

Hersch Chemists, Inc. (hereafter called Hersch) appeals from an order denying its motion for summary judgment against Progressive Drug Co., Inc. (hereafter called Progressive). The controversy is the aftermath of a judgment obtained against Hersch for personal injuries caused by the use of hair dye sold by it to a customer at retail. Hersch had bought this hair dye from Progressive, which is a jobber. Hersch...

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