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SHEILA GREENBERG, an Infant by LOUIS GREENBERG, Her Guardian ad Litem, et al., Respondents, v. LOUIS LORENZ et al., Doing Business as PELHAM DAIRIES, Defendants-Appellants, and Third-Party Plaintiffs. BERNICE FOODS, INC., Third-Party Defendant.

Determination modified and complaint of infant plaintiff dismissed on the ground that she has failed to establish a cause of action ( Chysky v. Drake Bros. Co., 235 N.Y. 468; Salzano v. First Nat. Stores, 268 App. Div. 993); and, as so modified, the determination is affirmed, without costs.

Concur — Botein, P.J., Stevens and Bastow, JJ.; Breitel and Valente, JJ., dissent and vote to affirm.

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GREENBERG v. LORENZ
(Mar 3, 1959)