BEYER v. AQUARIUM SUPPLY CO


94 Misc.2d 336 (1977)

Ernest Beyer et al., Plaintiffs, v. Aquarium Supply Co. (Div. of Hartz Mountain Corp.), Defendant.

Supreme Court, Montgomery County.

April 14, 1977


Attorney(s) appearing for the Case

Carter, Conboy, Bardwell, Case & Blackmore (James M. Conboy of counsel), for defendant. Michael Raphael for plaintiffs.


D. VINCENT CERRITO, J.

This is a motion, pursuant to CPLR 3211 (subd [a], par 7) to dismiss plaintiffs' second cause of action which is founded upon the theory of strict products liability.

In essence, this cause of action alleges that the plaintiff, Beatrice Beyer, an employee of W. T. Grant Company, became ill after having come in contact with allegedly diseased hamsters which had been distributed by the defendant.

On this type of motion...

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