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· 10/15/1882

People ex rel. Commissioners of Charities & Corrections v. Gibney

Citations

  • 35 N.Y. Sup. Ct. 240

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • faulting lower court for failing to consider whether the warranty policies would be furthered by their implication
  • noting our Supreme Court has implied warranty protections in non-sales transactions, such as leases and bailments, and reversing lower court decision to dismiss warranty counts on demurrer in action involving blood transfusion
  • the enactment of the U.C.C. “did not intend to impede the parallel development of warranties implied in law in non-sales situations”
  • implied warranty of fitness accompanies blood transfusion even though no sale involved
  • patient contracted illness from contaminated blood supplied by hospital
  • patient contracted illness from contaminated blood supplied by hospital

Source: CourtListener parenthetical corpus (CC0).

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