JOSEPH v. YENKIN PAINT


173 Misc.2d 95 (1997)

661 N.Y.S.2d 728

Theresa L. Joseph et al., Plaintiffs, v. Yenkin Majestic Paint Corp., Individually and Doing Business as Ohio Polychemical Company, et al., Defendants.

Supreme Court, Kings County.

June 25, 1997


Attorney(s) appearing for the Case

Turner & Owen, New York City (Sherman B. Kerner of counsel), for PACOA, defendant. Adrienne DeLuca, New York City, and James L. Lufty, Staten Island, for plaintiffs. Ahmuty, Demers & McManus, New York City (Patrick J. Kenny of counsel), for Yenkin Majestic Paint Corp., defendant. James L. Hasson, Staten Island, for Paint Fair Stores, Inc., defendant. Fogarty & Fogarty, Mineola, for Sol Passick & Son, Inc., defendant. Simon, Drabkin & Margulies, New York City (David D. Meltzer of counsel), for Garco Shellac Company, Inc., and another, defendants. Alio & Caiati, New York City, for Ralph Lewis and another, defendants. Molod & Berkowitz, New York City, for R. Lewis Construction Company, Inc., defendant.


JAMES H. SHAW, JR., J.

In this action to recover damages for personal injuries, defendant PACOA, an acronym for Paint Applicator Corporation of America, seeks summary judgment dismissing the complaint pursuant to CPLR 3212.

This lawsuit asserts claims of strict products liability, breach of express warranty, breach of implied warranty, and negligence against defendant PACOA and other defendants. The...

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