VERDIGLIONE v. ROSIGNOLO


23 A.D.2d 817 (1965)

Rosarita Verdiglione, an Infant, by Her Guardian ad Litem, Salvatore Verdiglione, et al., Plaintiffs, v. Eugene Rosignolo et al., Defendants. (Action No. 1.) Rosarita Verdiglione, an Infant, by Her Guardian ad Litem, Salvatore Verdiglione, et al., Appellants, v. Ridge Lumber, Inc., Defendant-Respondent and Third-Party Plaintiff-Appellant. W. W. Dobkin Co., et al., Third-Party Defendants-Respondents. (Action No. 2.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

April 9, 1965


Judgments and order affirmed, without costs of these appeals to any party.

Memorandum:

Plaintiffs' cause of action against Ridge Lumber, Inc., is based upon its failure to give specific warning that the inflammable vapor from the can of cement which it sold to defendant Rosignolo might be ignited by use of electric light switches. Warning was given as follows: "CAUTION: INFLAMMABLE MIXTURE — DO NOT USE NEAR FIRE OR FLAME. * * * Extinguish all flames...

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