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BOLM v. TRIUMPH CORP.

41 A.D.2d 54 (1973)

David A. Bolm et al., Appellants, v. Triumph Corporation et al., Respondents

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

February 23, 1973.

Attorney(s) appearing for the Case

McDonough, Boasberg, McDonough & Beltz (Paul W. Beltz of counsel), for appellants.

Hodgson, Russ, Andrews, Woods & Goodyear (R. William Larson of counsel), for respondents.

MOULE and HENRY, JJ., concur with GOLDMAN, P. J.; DEL VECCHIO, J., dissents and votes to affirm the order in an opinion in which WITMER, J., concurs.

GOLDMAN, P. J.

In this appeal from an order of Special Term which granted defendants-respondents' motion for summary judgment and dismissed plaintiffs-appellants' complaint with prejudice, the issue is the liability of respondents for a claimed design defect in the manufacture of a motorcycle. The facts are not in controversy.

Appellant David A. Bolm was operating his 1966 Triumph motorcycle, which was manufactured by respondent Birmingham Small...

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