BARASCH v. MICUCCI


49 N.Y.2d 594 (1980)

Lynne Barasch et al., Respondents, v. Theresa Micucci et al., Defendants, and Welbilt, Inc., Appellant.

Court of Appeals of the State of New York.

Decided March 25, 1980.


Attorney(s) appearing for the Case

Walter Williamson and David S. Ratner for appellant.

Jonathan R. Kopald for respondents.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG and MEYER concur.


GABRIELLI, J.

In this action for personal injuries resulting from an explosion of a gas stove, defendant manufacturer seeks to have the cause of action dismissed on the grounds specified in CPLR 3012 (subd [b]). That provision authorizes a defendant to serve a demand for a complaint upon the plaintiff where the action has been commenced by service of summons alone and to move for dismissal if the complaint is...

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