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BINGHAM v. GODFREY

114 A.D.2d 987 (1985)

Charles C. Bingham, Individually and as Administrator of The Estate of Robert M. Bingham, Deceased, et al., Respondents, v. Patricia M. Godfrey, Individually and Doing Business as Empire Commercial Maintenance, Defendant and Third-Party Plaintiff-Respondent, and National Super Service Co., Appellant, et al., Defendant, Enter Enterprise, Inc., Doing Business as Timepiece Cafe, Third-Party Defendant-Respondent. (And Other Titles.)

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

November 25, 1985

Order reversed, insofar as appealed from, on the law, motion granted and complaint and cross claims dismissed as against defendant National Super Service Co.

Appellant is awarded costs payable by third-party defendant Enter Enterprise, Inc., doing business as Timepiece Cafe.

A manufacturer of a product may not be cast in damages, either on a strict products liability or negligence theory, where, after the product...

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