City of New York Municipal Court February 15, 1934 (Gilbert v. Great Atlantic & Pacific Tea Co.)

Evans, J.

The action is for personal injuries resulting from a sale of deleterious food, under an implied warranty that it was fit for human use. It was placed on the commercial calendar, under rule 2, subdivision i, of the rules of this court, on the theory that it was an action “ for damages arising out of a contract for the sale of goods, wares and merchandise.