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FENDLEY v. POWER BATTERY CO., INC.

167 A.D.2d 260 (1990)

Lenry Fendley et al., Plaintiffs, v. Power Battery Company, Inc., Defendant and Third-Party Plaintiff-Appellant. Airway Transit Mix, Third-Party Defendant-Appellant; Mgm Brakes, a Division of Indian Mead Industries, Third-Party Defendant-Respondent

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

November 20, 1990

The action was brought to recover for personal injuries sustained by plaintiff in the course of his employment and allegedly caused by a defective product. Plaintiff sued the company which sold the product to his employer (herein the distributor) for negligence, breach of warranty and strict products liability. The distributor, in turn, impleaded plaintiff's employer, alleging that plaintiff's injuries, if any, were caused by the employer's negligence in supervising plaintiff...

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