NUNN v. GTE SYLVANIA, INC.


251 A.D.2d 1089 (1998)

674 N.Y.S.2d 205

Kathy L. Nunn, Individually and as Executrix of Steven R. Nunn, Deceased, and as Guardian of Daniel J. Nunn and Another, Infants, Respondent, v. GTE Sylvania, Inc., Appellant, and Glass Tech, Inc., et al., Respondents, et al., Defendants GTE Sylvania, Inc., Now Known as GTE Products Corp., Third-Party Plaintiff-Appellant, v. Falconer Glass Industries, Inc., Third-Party Defendant-Respondent

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

June 10, 1998


Order unanimously affirmed with costs.

Memorandum:

In this wrongful death action, plaintiff alleges that a defective 400 amp QSF fusible switch manufactured by defendant GTE Sylvania, Inc. (GTE), caused an explosion in 1988 that killed her husband. Supreme Court did not abuse its discretion in granting the preclusion motion of plaintiff and cross motions of defendants B & E Electric Corp. and Glass Tech, Inc., and third-party defendant pursuant to CPLR...

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