ROSETTE PENNINGTON, INC. v. HAYES

Per Curiam.

Subdivision 2 of section 85 Pers. Prop. of the Personal Property Law contains an exception in those instances where the seller is himself the manufacturer and excludes from its scope all cases where the seller procures the goods to be manufactured by another. ( Eagle Paper Box Co. v. Gatti-McQuade Co., 99 Misc. 508, affd. 181 App. Div. 924.)

The order should be reversed, with $10 costs, and motion granted.

HOFSTADTER, AURELIO and TILZER, JJ., concur.

Order reversed, etc.