SHANKS v. ONEITA KNITTING MILLS


58 A.D.2d 741 (1977)

Kevin Shanks, an Infant, by John Shanks, His Father and Natural Guardian, et al., Appellants, v. Oneita Knitting Mills, Respondent. (And a Third-Party Action.) (Appeal No. 1.)

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

June 3, 1977


Order unanimously affirmed, without costs.

Memorandum:

This action seeks to recover damages sustained by the plaintiffs when a T-Shirt allegedly purchased at defendant K Mart's store burst into flames while the infant plaintiff was wearing it. Summary judgment was properly granted in favor of defendant Diener because there was no evidence that Diener had manufactured the shirt in question or supplied it to K Mart. Special Term also properly denied summary...

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