FURSTENHEIM v. CONGREGATION OF THE FIRST CHURCH OF KEW GARDENS


28 A.D.2d 533 (1967)

Hans Furstenheim, Respondent, et al., Plaintiff, v. Congregation of the First Church of Kew Gardens et al., Defendants, and Pierce & Stevens Chemical Corp., Appellant

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

May 1, 1967


We find that there was no negligence on the part of the appellant manufacturer. However, even if the manufacturer was negligent in failing to give adequate warning of the potential danger of its product, the negligence of defendant Gustave Raap, the floor-finisher contractor, in failing to take reasonable precautions in the use of the "Fabulon", was the superseding and therefore proximate cause of the accident (McLaughlin v. Mine Safety Appliances Co.,

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