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LOSADA v. MOBIL OIL CORP.

128 A.D.2d 594 (1987)

Consuela Losada, Also Known as Consuela L. Lindo, Respondent, v. Mobil Oil Corporation et al., Respondents, and 138 Hillside Service Station, Inc., et al., Appellants

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

March 9, 1987

Ordered, that the order is affirmed insofar as appealed from, with costs.

The respondents concede in their moving papers and on appeal that General Battery was the manufacturer of the battery which allegedly exploded, resulting in personal injury to the plaintiff. We therefore find that the respondent Gould was not the manufacturer of the battery in question, that no claim in negligence lies against Gould, and that Special Term properly dismissed the complaint as...

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