¶1Order unanimously reversed, with twenty dollars costs and disbursements, and the motion granted. No privity of contract between plaintiff and the defendant Pure Carbonic, Inc., is pleaded. Recovery against this defendant can only be had upon the theory of negligence. (MacPherson v. Buick Motor Company, 217 N. Y. 382.) The Statute of Limitations has clearly run against that cause of action. Present — Martin, P. J., O’Malley, Townley, Glennon and Untermyer, JJ.
255 A.D. 952
Fischer v. Brewery
Appellate Division of the Supreme Court of the State of New York
Decided December 9, 1938
Appellate Division of the Supreme Court of the State of New York · decided 1938-12-09
Relies on MacPherson v. . Buick Motor Co.
Decided 1938-12-09