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UPFOLD v. GENERAC CORP.

224 A.D.2d 1021 (1996)

638 N.Y.S.2d 264

Herbert Upfold, Jr., et al., Respondents, v. Generac Corporation, Respondent, and BJ's Wholesale Club, Appellant. Herbert Upfold, Jr., et al., Respondents, v. Waban, Inc., et al., Doing Business as Bj's Wholesale Club, Appellants, and Brockway Standard, Inc., Formerly Known as Standard Container Company, Respondent

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

February 2, 1996

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in denying in its entirety the motion of defendants Waban, Inc., and Homeclub, Inc., each doing business as BJ's Wholesale Club, insofar as they sought partial summary judgment dismissing the negligence causes of action to the extent that those causes of action allege that the product literature...

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