PEREZ v. KURTS & WOLF CHEM. CO., INC.


196 A.D.2d 537 (1993)

601 N.Y.S.2d 855

Oscar Perez et al., Respondents, v. Kurts & Wolf Chemical Company, Inc., Appellant, et al., Defendants

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

August 9, 1993


Ordered that the order is affirmed, with costs.

Under the circumstances of this case, the appellant's summary judgment motion was properly denied because the issue of whether a warning is reasonable and adequate presents a triable question of fact (see, Reed v Niagara Mach. & Tool Works, 166 A.D.2d 567, 568).

The appellant's remaining contention is raised for the first time on appeal, and, in any event...

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