SPELLER v. SEARS, ROEBUCK


100 N.Y.2d 38 (2003)

790 N.E.2d 252

760 N.Y.S.2d 79

ELIJAH SPELLER, by His Guardian, STACY MILLER, et al., Appellants, v. SEARS, ROEBUCK AND CO. et al., Respondents, et al., Defendants.

Court of Appeals of the State of New York.

Decided May 6, 2003.


Attorney(s) appearing for the Case

Renfroe & Quinn, Forest Hills (John E. Quinn of counsel), for appellants.

Leader & Berkon LLP, New York City (James K. Leader of counsel), and Nelson Mullins Riley & Scarborough, L.L.P., Columbia, South Carolina, for respondents.

Chief Judge KAYE and Judges SMITH, CIPARICK, WESLEY, ROSENBLATT and READ concur.


OPINION OF THE COURT

GRAFFEO, J.

In this products liability case, defendants—a product manufacturer and retailer—were granted summary judgment dismissing plaintiffs' complaint. Because we conclude that plaintiffs raised a triable issue of fact concerning whether a defective refrigerator caused the fire that resulted in plaintiffs' injuries, we reverse and reinstate the complaint against these...

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