McENEANEY v. HAYWOOD


179 Misc.2d 1035 (1999)

687 N.Y.S.2d 547

Anne McEneaney, Appellant, v. Robert Haywood et al., Respondents.

Supreme Court, Appellate Term, Second Department.

February 10, 1999


Attorney(s) appearing for the Case

Reibman & Weiner, Brooklyn (Steven M. Weiner and Melissa A. Nagiel of counsel), for appellant. Cooper & McCann, L. L. P., Elmsford (Gary G. Cooper and Robert C. Hall of counsel), for PV Holding Corp., respondent.

KASSOFF, P. J., SCHOLNICK and PATTERSON, JJ., concur.


MEMORANDUM.

Judgment unanimously reversed with $30 costs to abide the event, complaint reinstated and matter remanded for a trial de novo.

In this action seeking damages for strict products liability, breach of warranty, negligence and failure to warn, the court dismissed the complaint on the ground that plaintiff failed to sustain her burden of proof under the line of "second impact" or "second collision" cases...

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