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McGOWAN v. SMITH

52 N.Y.2d 268 (1981)

Gerard F. McGowan, Individually and as Parent and Natural Guardian of Gerard A. McGowan, an Infant, Respondent, v. Elton Smith et al., Respondents, and Adam Meldrum & Anderson Co., Inc., Defendant-Appellant and Third-Party Plaintiff-Appellant. Frederick Atkins, Inc., et al., Third-Party Defendants-Respondents.

Court of Appeals of the State of New York.

Decided February 19, 1981.

Attorney(s) appearing for the Case

James D. Gauthier and Sheldon Hurwitz for defendant-appellant and third-party plaintiff-appellant.

Andrew D. Merrick for Mogi Trading Company, third-party defendant-respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG and MEYER concur.

GABRIELLI, J.

The infant plaintiff, a New York resident, was injured while visiting with friends in Ontario, Canada. The injuries allegedly were caused by the malfunctioning of a fondue pot, which had been shipped from Japan by Mogi Trading Co., a Japanese exporter, and purchased at a department store in Buffalo, New York. After having been served with process in the instant action, the defendant department ...

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