Gussie Perlmutter v. Beth David Hospital, and Third-Party Blood Transfusion Association, Third-Party

Summary

The New York Court of Appeals reversed the Appellate Division, holding that the hospital's provision of blood to a patient is part of a service contract, not a sale under the Personal Property Law, and therefore the plaintiff's breach of implied warranty claim fails. The dissent argued that the complaint alleged a sale and should be allowed to proceed.