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OLIVER v. NAMCO CONTROLS

161 A.D.2d 1188 (1990)

David Oliver et al., Appellants, v. Namco Controls, an Acme Cleveland Company, Respondent, et al., Defendants. (Appeal No. 1.)

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

May 11, 1990

Order reversed on the law without costs and defendant NAMCO Controls' motion for summary judgment denied.

Memorandum:

Supreme Court erred in granting defendant NAMCO'S motion for summary judgment to the extent of dismissing plaintiff's complaint alleging liability for failure to warn. The manufacturer of a product has a duty to provide instructions and warnings on its proper and safe use (McLaughlin v Mine Safety...

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