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WILLIAMS v. NISKE

81 N.Y.2d 437 (1993)

Ramsar Williams, an Infant, by His Father and Natural Guardian, David Williams, et al., Respondents-Appellants, v. Robert Niske et al., Infants, by Their Father and Natural Guardian, "John" Niske, et al., Defendants, Union Underwear Company, Inc., Respondent, and Billy the Kid, Inc., Appellant-Respondent.

Court of Appeals of the State of New York.

Decided June 15, 1993.

Attorney(s) appearing for the Case

Kelly & McGlynn, New York City (Martin M. McGlynn of counsel), for appellant-respondent.

Gandin, Schotsky & Rappaport, P. C., Melville (Charles J. Rappaport, Robert A. Katz and Margery Weinroth of counsel), for respondents-appellants.

Quirk and Bakalor, P. C., New York City (Richard H. Bakalor of counsel), for respondent.

Judges SIMONS, TITONE, HANCOCK, JR., and BELLACOSA concur; Judge SMITH taking no part.

Chief Judge KAYE.

Plaintiff Ramsar Williams, an infant, was severely burned in a fire started by several other children with whom he was playing. Ramsar and his father brought this action against the children and their parents, as well as manufacturers and distributors of Ramsar's clothing, which allegedly contributed to the burns.

One year before trial, plaintiffs settled with four defendants —...

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