BEASOCK v. DIOGUARDI ENTERS., INC.


117 A.D.2d 1015 (1986)

Linda L. Beasock, Individually and as Administratrix of The Estate of Anthony J. Beasock, Deceased, Appellant, v. Dioguardi Enterprises, Inc., et al., Defendants; General Tire & Rubber Company, Appellant, and Johnny Antonelli Tire Company, Inc., Respondent. (And Another Action.)

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

February 21, 1986


Order and judgment unanimously reversed, on the law, with costs, and motion denied.

Memorandum:

Plaintiff's decedent was killed when a tire, mounted on an undersized rim, exploded. Defendant Johnny Antonelli, the recapper of the tire, moved for summary judgment dismissing the complaint as to it and the motion was granted. We reverse.

We need not determine here whether a recapper who recaps a tire owned by its customer should be subject to the same...

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