Chysky v. Drake Bros. Co., 235 N.Y. 468, 139 N.E. 576 (1922), was a products liability case before the New York Court of Appeals. The Court held that a plaintiff cannot recover from a defendant based on implied warranty when she does not have contractual privity with him; thus, a plaintiff cannot recover from a defendant who sold her employer food unfit for consumption, because the defendant's implied warranty extended only to the employer. Chysky is part of a progression of cases that influenced the products liability synthesis that emerged early in the century. The Chysky case reflects a refinement of Judge Cardozo's argument in MacPherson v Buick Motor Co. that a person could be liable for a defective product to someone other than the immediate purchaser. In Chysky, Cardozo joined Judge McLaughlin's opinion, which relied on Cardozo's statement in MacPherson that the basis of liability in that case was in tort, not contract. "If the exceptions expressed in MacPherson had been a smokescreen for the basic principle that a producer of a defective product would be liable to anyone who might be expected to use it, Cardozo would have applied the MacPherson principles to permit the waitress to recover regardless of her choice not to sue in tort. Yet Cardozo joined the majority that ruled against the waitress, not Judge Hogan's silent dissent." Brief of case Facts Plaintiff's employer gave her a piece of cake that had been made and sold to him by the defendant. There was a nail in a cake that struck her gum, causing it to be infected to the extent that three teeth needed to be removed. Plaintiff sued the person who sold the cake to her employer, upon the theory that he was liable to her since he had implicitly warranted (when he sold the cake to her employer) that it was fit for human consumption. Issue Does the provision of the Uniform Sales Act §15(1) that provides, “there is no implied warranty or condition as to the quality or fitness for any particular purpose of goods supplied under a contract to sell or a sale, except as follows: 1. Where the BUYER expressly or by implication makes known to the seller the particular purpose for which the goods are required, and it appears that the BUYER relies on the seller’s skill or judgment (whether he be the grower or manufacturer or not),