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DOYLE v. HAPPY TUMBLER

90 A.D.2d 366 (1982)

Delores Doyle, Plaintiff, v. Happy Tumbler Wash-O-Mat, Inc., Defendant and Third-Party Plaintiff-Respondent, et al., Defendant. Wascomat of America, Inc., Third-Party Defendant-Appellant, et al., Third-Party Defendant

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

December 20, 1982

Attorney(s) appearing for the Case

Howard S. Davis (Richard Fedrow of counsel), for appellant.

Rivkin, Leff, Sherman & Radler (John F. Morrison of counsel), for respondent.

TITONE, J. P., MANGANO and BOYERS, JJ., concur.

BRACKEN, J.

In an action to recover damages for personal injuries, third-party defendant Wascomat of America, Inc. (Wascomat) appeals from an order which denied its motion pursuant to CPLR 3211 (subd [a], par 7) to dismiss the third-party plaintiff's second cause of action based upon the doctrine of strict products liability and also that part of the first cause of action based upon implied warranty, upon which...

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