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MIRANDA v. C. SCHMIDT & SONS, INC.

200 A.D.2d 378 (1994)

608 N.Y.S.2d 73

Juan Miranda et al., Respondents, v. C. Schmidt & Sons, Incorporated, et al., Defendants, and Firestone Tire & Rubber Company, Appellant

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

January 6, 1994

Contrary to respondents' contentions, the within appeal is properly before this Court (see, Cohen v Cohen, 3 N.Y.2d 339, 344) and the IAS Court properly denied defendant-appellant's motion for summary judgment since the appellant could not demonstrate as a matter of law its inability to anticipate that its beer keg would be combined with a non-defective bung stopper in a way that created the potential for the bung to be

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