INFANTE v. MONTGOMERY WARD


49 A.D.2d 72 (1975)

Edith Infante et al., Respondents, v. Montgomery Ward & Co., Inc., et al., Defendants and Third-Party Plaintiffs-Appellants; Dan River, Inc., as Successor to Crystal Springs Textiles, Inc., et al., Defendants and Third-Party Defendants-Respondents

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

July 24, 1975


Attorney(s) appearing for the Case

Hesson, Ford, Sherwood & Whalen (Dale M. Thuillez and Thomas A. Ford of counsel), for Montgomery Ward & Co., Inc., and another, appellants.

Donohue, Bohl, Clayton & Komar (Myron Komar of counsel), for Iselin-Jefferson Company, Inc., successor to Cohn-Miller Co., Inc., appellant.

Bouck, Holloway & Kiernan (Stephen M. Kiernan of counsel), for Dan River, Inc., as successor to Crystal Springs Textiles, Inc., respondent.

SWEENEY, KANE, MAIN and LARKIN, JJ., concur.


HERLIHY, P. J.

The main action is pending in the Supreme Court, County of Greene. The main action is for personal injuries and derivative losses as a result of the plaintiff, Edith Infante, allegedly being burned on April 19, 1969, when pajamas she was wearing caught fire. The complaint further alleges that the pajamas were purchased by the plaintiffs from defendant Montgomery Ward (hereinafter Wards), prior to...

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