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CIAMPICHINI v. RING BROS.

40 A.D.2d 289 (1973)

Frieda A. Ciampichini, Individually and as Administratrix of The Estate of Emilio J. Ciampichini, Deceased, Appellant, v. Ring Bros., Inc., Respondent

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

January 18, 1973.

Attorney(s) appearing for the Case

Barlow, Miller, Rosenthal & Siegel (Chirlin & Sheldon, by Joseph H. Chirlin, of counsel), for appellant.

Smith, Murphy & Schoepperle (Robert E. Keller of counsel), for respondent.

DEL VECCHIO, CARDAMONE and HENRY, JJ., concur; WITMER, J., concurs in a separate opinion.

GOLDMAN, P. J.

In this products liability case Special Term dismissed plaintiff's causes of action for breach of warranty or strict tort liability as a matter of law, upon the ground that no such action exists in favor of a nonuser. The court stated that "we consider ourselves bound by the case of Berzon v. Don Allen Motors, Inc." (23 A.D.2d 530). We are asked to reconsider...

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