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DUARTE v. MESTA PAINTING CORP.

235 A.D.2d 273 (1997)

652 N.Y.S.2d 517

William Duarte et al., Respondents, v. Mesta Painting Corp. et al., Defendants, and Graco Ltd. et al., Appellants

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

January 16, 1997

We agree with the IAS Court there is sufficient circumstantial evidence to raise an issue of fact as to whether the accident-causing, lost paint gun supplied to plaintiff by the contractor was manufactured and sold by appellants (see, Healey v Firestone Tire & Rubber Co., 87 N.Y.2d 596, 601-602, citing, inter alia, Taylor v General Battery Corp., 183 A.D.2d 990), and whether...

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