GRZESIAK v. ABRAHAM & STRAUS STORES


72 A.D.2d 729 (1979)

Susan Grzesiak, an Infant, by Her Father and Natural Guardian, Zygmunt Grzesiak, et al., Appellants, v. Abraham & Straus Stores et al., Respondents Bates Nitewear Company, Inc., Third-Party Plaintiff, v. Cone Mills Corporation, et al., Third-Party Defendants-Respondents Cone Mills Corporation, Fourth-Party Plaintiff, v. F.M.C. Corporation, et al., Fourth-Party Defendants

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

November 29, 1979


The infant plaintiff suffered burns in a fire in 1973, in which her nightgown was allegedly set aflame by contact with an electric toaster oven. This action was commenced in New York County in the same year against the sellers and manufacturers of both the garment and the appliance, various third- and fourth-party defendants being added as time went along. The instant motion was not made until five years after the occurrence. Special Term granted the motion, indicating that...

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