Appellate Division of the Supreme Court of the State of New York June 25, 1973 (Consolidated Midland Corp. v. Columbia Pharmaceutical Corp.)

In an action to recover damages for negligence and breach of warranty, plaintiff appeals from a judgment of the Supreme Court, Westchester County, entered May 3, 1971, in favor of defendant, upon the dismissal of the complaint at the end of plaintiff’s case at a non jury trial. Judgment reversed, on the law and in the interests of justice, and new trial granted, with costs to abide the event.