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ROGERS v. SEARS, ROEBUCK AND CO.

268 A.D.2d 245 (2000)

701 N.Y.S.2d 359

ANDREW ROGERS, as Administrator of the Estate of CATHERINE DAY, Deceased, et al., Respondents, v. SEARS, ROEBUCK AND CO., Appellant, et al., Defendants. RUSSELL BREER et al., Respondents, v. SEARS, ROEBUCK AND CO., Appellant, et al., Defendants. GOVERNMENT EMPLOYEES INSURANCE COMPANY, as Subrogee of ANDREW ROGERS, Administrator of the Estate of CATHERINE DAY, Deceased, Respondent, v. SEARS, ROEBUCK AND CO., Appellant, et al., Defendants. (And Another Action.)

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

Decided January 11, 2000.

The action arises out of an explosion and fire that occurred when one of the plaintiffs attempted to replace an empty propane gas tank with a filled one, which tank was necessary to operate the barbecue grill that appellant sold to the decedent, and which the decedent kept in a semi-enclosed outdoor porch. The motion was properly denied on the ground that an issue of fact exists as to whether appellant's warning to store and use the grill only outdoors in a well-ventilated...

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