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DaBENIGNO v. SUNBEAM CORP.

216 A.D.2d 248 (1995)

628 N.Y.S.2d 636

Frank DaBenigno, Individually and as Administrator of The Estate of James DaBenigno, Deceased, Appellant, v. Sunbeam Corporation et al., Respondents

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

June 29, 1995

Defendants Sunbeam's and Pergament's affidavits in support of their motions for summary judgment were insufficient to prove, as a matter of law, that this manufacturer and retailer had each discharged its independent duty to exercise reasonable care to inform a product user of the dangers attendant to this propane gas grill (see, Lancaster Silo & Block Co. v Northern Propane Gas Co., 75 A.D.2d...

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