JACKSON v. NORTHSIDE FUEL OIL CORP.


151 A.D.2d 550 (1989)

Russell Jackson et al., Respondents, v. Northside Fuel Oil Corp. et al., Defendants, and Goodyear Tire & Rubber Company, Appellant. (And a Third-Party Action.)

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

June 12, 1989


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

A review of the record reveals that material triable issues exist which preclude granting summary judgment. The defendant has failed to establish as a matter of law that it provided adequate warnings of the danger inherent in its product to the plaintiff's employer, and that such warnings were known to the injured plaintiff, an employee (see, Cohen v St. Regis Paper Co.,

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