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PORTNOY v. CAPOBIANCO

77 Misc.2d 817 (1974)

Simon Portnoy et al., Plaintiffs, v. Leo Capobianco, Doing Business as Big Valley Nursery and Landscaping, Defendant and Third-Party Plaintiff. Halco Division of Wagner Seed Company, Inc., et al., Third-Party Defendants.

Supreme Court, Trial Term, Nassau County.

April 25, 1974

Attorney(s) appearing for the Case

Wachtel & Snowe (Alan M. Snowe of counsel), for plaintiffs. James F. Rogan and Stanley Martin for Sea Coast Laboratories, third-party defendant. James P. Devitt for defendant and third-party plaintiff. Curtis, Hart & Zaklukiewicz (Eugene Zimbalist of counsel), for Halco Division of Wagner Seed Company, Inc., third-party defendant.

BERNARD F. McCAFFREY, J.

This motion, at trial, to dismiss the third-party complaint raises the question of the degree of proof necessary for the third-party plaintiff to establish an alleged defect in a product in order to have the matter presented to the jury under the strict products liability test of Codling (Codling v. Paglia, 32 N.Y.2d 330), as amplified...

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