BROWNSTONE v. TIMES SQUARE STAGE LIGHTING CO., INC.


39 A.D.2d 892 (1972)

Anne Brownstone, as Administratrix of The Estate of Joseph Brownstone, Deceased, Respondent, v. Times Square Stage Lighting Co., Inc., Appellant, et al., Defendant

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

June 27, 1972


Unanimously reversed, on the law, the motion for summary judgment dismissing the complaint, based upon breach of warranty and negligence, is granted, and the action severed as to defendant-appellant, without costs and without disbursements.

In this case, the plaintiff, an experienced stage manager, while screwing on a cap to a bottle containing "flash powder", suffered the accident which is the subject of this action. The exact circumstances are equivocally presented...

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