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RHINEBECK BICYCLE v. STERLING

151 A.D.2d 122 (1989)

Rhinebeck Bicycle Shop, Inc., Respondent, v. Sterling Insurance Company, Appellant

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

October 26, 1989

Attorney(s) appearing for the Case

Waxman, Miller & Trautwig, P. C. (Michael Majewski and Kenneth J. Burke of counsel), for appellant.

Marshall C. Lipton (Robert M. Cohen of counsel), for respondent.

MAHONEY, P. J., CASEY, YESAWICH, JR., and HARVEY, JJ., concur.

LEVINE, J.

In April 1986, Peggy O'Connor purchased a bicycle from plaintiff. O'Connor also had plaintiff assemble the bicycle prior to the sale. On June 29, 1986, O'Connor was injured while riding the bicycle and she and her husband thereafter commenced an action against plaintiff alleging negligent assembly, breach of the warranty of fitness and also a derivative claim by O'Connor's husband. Plaintiff had a...

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