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HOWARD v. POSEIDON POOLS

133 Misc.2d 43 (1986)

Brent Howard et al., Plaintiffs, v. Poseidon Pools, Inc., et al., Defendants.

Supreme Court, Allegany County.

August 26, 1986

Attorney(s) appearing for the Case

Dwyer & Dwyer, P. C., for plaintiffs. Saperston, Day, Lustig, Gallick, Kirschner & Gaglione, P. C., for Poseidon Pools, Inc., and another, defendants. Dixon & DeMarie, P. C., for Recreational Distributor Warehouse, Inc., defendant. Shane & Franz for George Tassone and another, defendants. Damon & Morey for National Spa and Pool Institute, defendant. Cohen, Lombardo, Blewett, Fisher, Spandau & Nosek for Home-N-Roam Leisures, Inc., defendant.

EDWARD M. HOREY, J.

By appropriate motion the plaintiffs seek to amend their complaint to assert a cause of action provided for under the Federal Consumer Product Safety Act. (C.P.S.A.; 15 USC § 2015 et seq.)

Such act sets forth that its purpose is to protect the public against unreasonable risks of injury and to assist consumers in evaluating the comparative safety of consumer products,...

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