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ROSADO v. MERCEDES-BENZ

103 A.D.2d 395 (1984)

Maria C. Rosado, Individually and as Executrix of Louis Rosado, Deceased, Appellant, v. Mercedes-Benz of North America, Inc., Respondent, et al., Defendant

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

October 1, 1984

Attorney(s) appearing for the Case

Raskin & Rappoport, P. C. (Lester Raskin and Perry Gary Fish of counsel), for appellant.

Ford Marrin Esposito & Witmeyer (William P. Ford and Cushing O. Condon of counsel), for respondent.

MANGANO, J. P., O'CONNOR and EIBER, JJ., concur.

BOYERS, J.

In this wrongful death action, plaintiff Maria Rosado alleges that the cruise control mechanism in her husband's new 300D Mercedes-Benz automobile malfunctioned, thereby causing him to lose control of the vehicle and resulting in a crash which occasioned his demise. Defendant Mercedes-Benz of North America, Inc. (MBNA), is the American distributor of Mercedes-Benz automobiles, which are manufactured in the Federal Republic of Germany.

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