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VITALI v. METRO. LIFE INS. CO.

211 A.D.2d 528 (1995)

621 N.Y.S.2d 560

Mariano Vitali et al., Respondents, v. Metropolitan Life Insurance Company, Appellant, and Toronita Corporation et al., Respondents Metropolitan Life Insurance Company, Third-Party Plaintiff-Appellant, v. National Cleaning Contractors, Third-Party Defendant-Respondent Toronita Corporation, Second Third-Party Plaintiff-Respondent, v. National Cleaning Contractors, Second Third-Party Defendant I.D.C. Systems, Inc., Third Third-Party Plaintiff-Respondent, v. National Cleaning Contractors, Inc., Third Third-Party Defendant

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

January 19, 1995

Contrary to defendant's contention, plaintiffs' assertions do not implicate solely a strict products liability theory, but raise triable questions of fact with respect to Metropolitan's liability under common law negligence principles and Labor Law § 200 et seq. For instance, in view of the fact that an operator's manual accompanying the trash compactor purchased by Metropolitan contained specific warnings, there are questions of fact concerning Metropolitan's...

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