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McMAHON v. HOTSY OF CENT. NEW YORK, INC.

249 A.D.2d 974 (1998)

671 N.Y.S.2d 371

Patrick McMahon et al., Appellants, v. Hotsy of Central New York, Inc., et al., Respondents. Hotsy of Central New York, Inc., Third-Party Plaintiff-Respondent, v. City of Oswego, Third-Party Defendant-Respondent. Hotsy of Central New York, Inc., Third-Party Plaintiff-Respondent, v. Hotsy Corporation, Third-Party Defendant-Respondent

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

April 29, 1998

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in granting the motion of defendants Dayton Electric Manufacturing Co., Inc. (Dayton), and W.W. Grainger, Inc. (Grainger), insofar as it sought summary judgment dismissing the complaint against them in this products liability case alleging manufacturing and design defects and a failure to warn. The sole evidentiary proof that they submitted...

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