WINCKEL v. ATL. RENTALS


159 A.D.2d 124 (1990)

Mary Winckel et al., Appellants, v. Atlantic Rentals & Sales, Inc., et al., Respondents. (And a Third-Party Action.)

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

July 16, 1990


Attorney(s) appearing for the Case

Joel P. Stolowitz (Sweetbaum & Sweetbaum [Marshall D. Sweetbaum] of counsel), for appellants.

Meiselman, Boland, Reilly & Fugazzi (Donald J. Boland of counsel), for Atlantic Rentals & Sales, Inc., respondent.

Sheft & Sweeney (David J. Fischman of counsel), for Bud Maron and another, respondents.

THOMPSON, J. P., BRACKEN, LAWRENCE and KUNZEMAN, JJ., concur.


Per Curiam.

A commercial lessor who introduces a defective product into the marketplace should be subject to the same potential liability that faces the manufacturer or retailer of a defective product. Applying this rule to the present case, we conclude that the trial court erred in dismissing those of the plaintiffs' claims that were based on the doctrines of strict products liability and breach of warranty, insofar as...

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