Opinion
December 20, 1961
In an action to recover damages for breach of warranty in the sale of an automobile, defendant appeals from a judgment of the Supreme Court, Nassau County, entered November 28, 1960, upon the jury's verdict after trial, in favor of the plaintiffs. Judgment reversed on the law, and a new trial granted, with costs to defendant to abide the event. Two substantial errors of law require reversal and a new trial: First, the alleged written warranty was admitted into evidence without proper foundation showing a connection between defendant and the paper; second, in its charge the court assumed that this exhibit was binding on the defendant and, in effect, withdrew this question from the jury. Both errors were saved by exception for our consideration. Nolan, P.J., Beldock, Christ and Pette, JJ., concur; Brennan, J., not voting.