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SINGH v. G & A MOUNTING AND DIE CUTTING, INC.

276 A.D.2d 617 (2000)

715 N.Y.S.2d 320

SOOKNANDAN SINGH et al., Respondents, v. G & A MOUNTING AND DIE CUTTING, INC., et al., Defendants, and U.S. ELECTRICAL MOTORS, a Division of EMERSON ELECTRIC CO., Appellant. (And Other Titles.)

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

Decided October 16, 2000.

Ordered that the order is affirmed insofar as appealed from, with costs.

Since the combination of the appellant's "sound product with another sound product create[d] a dangerous condition", the appellant had a duty to warn the users of its product that this latent hazard could surface (Rastelli v Goodyear Tire & Rubber Co., 79 N.Y.2d 289, 298). An issue of fact exists as to whether the appellant breached its duty by failing...

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