Opinion
Argued September 30, 1946
Decided October 18, 1946
Appeal from the Supreme Court, Appellate Division, Second Department, NOVA, J.
J. Leonard Stoll and Monroe J. Winsten for appellants.
William A. Michel for respondents.
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.