CARCONE v. GORDON HEATING & AIR CONDITIONING CO., INC.


212 A.D.2d 1017 (1995)

623 N.Y.S.2d 679

Eugene A. Carcone et al., Respondents, v. Gordon Heating & Air Conditioning Co., Inc., Defendants, and R.L. Kistler, Inc., Appellant

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

February 3, 1995


Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum:

Supreme Court erred in denying the motion of defendant R.L. Kistler, Inc. (Kistler) for summary judgment dismissing plaintiffs' causes of action against it. The negligence cause of action is based upon the breakdown or nonperformance of "the product itself [and, therefore], the injury is properly characterized as `economic loss' and plaintiff is...

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