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MESICK v. POLK

Court of Appeals of the State of New York.
Oct 18, 1946

Order reversed and complaint dismissed, with costs in all courts, and question certified answered in the negative, on the ground that there was no duty upon a mere vendor to warn the ultimate purchaser against exposure of the capsule to heat. No opinion.

Concur: DESMOND, THACHER, DYE and FULD, JJ. Dissenting: LOUGHRAN, Ch. J., LEWIS and CONWAY, JJ.