
    Anthony Barbetta, Appellant, v. Gristede Bros., Inc., Respondent, and Another, Defendant.
   Action by plaintiff to recover damages for injuries claimed to have been sustained as the result of eating food unfit for human consumption, on the theory of implied warranty. Judgment of the City Court of Yonkers in favor of the respondent, Gristede Bros., Inc., dismissing the complaint, unanimously affirmed, with costs. The question of agency was determined by the trial court as one of fact. Present — Lazansky, P. J., Hagarty, Adel, Taylor and Close, JJ.  