KAYLA SABATER, an Infant, by Her Mother and Natural Guardian, BERTHA SANTANA, et al., Plaintiffs, and
KEVIN RIVERA et al., Proposed Intervenors-Plaintiffs,
v.
LEAD INDUSTRIES ASSOCIATION, INC., et al., Defendants.
Gilbert, Segall & Young, New York City (H. Barry Vasios of counsel), and Sullivan, Sullivan & Pinta, Boston (Mark L. Sullivan, of the Massachusetts Bar, admitted pro hac vice, of counsel), for Lead Industries Association, Inc., defendant.
Kornstein, Veisz & Wexler, New York City (Daniel Kornstein of counsel), and Kirkland & Ellis (Timothy S. Hardy, of the Washington, D.C. Bar, admitted pro hac vice, of counsel), for NL Industries, Inc., defendant.
Arnold & Porter, New York City (Otis Pratt Pearsall, Philip H. Curtis and Ingo W. Sprie, Jr., of counsel), for Atlantic Richfield Company, defendant.
Jones, Day, Reavis & Pogue (Jane Rue Wittstein, New York City, and Charles H. Moellenberg, Jr., Pittsburgh, of the Pennsylvania Bar, admitted pro hac vice, of counsel), for Sherwin-Williams Company, defendant.
Haythe & Curley, New York City (Thomas I. Sheridan, III, of counsel), McDermott, Will & Emery, Minneapolis (G. Marc Whitehead, of the Minnesota Bar, admitted pro hac vice, of counsel), and Halleland, Lewis, Nilan, Sipkins & Johnson, P. A., Minneapolis (Michael T. Nilan, of the Minnesota Bar, admitted pro hac vice, of counsel), for Glidden Company and another, defendants.
Moses & Singer, New York City (Mitchell D. Bernstein of counsel), and Crowley, Barrett & Karaba, Chicago (Charles Siragusa and Wade Joyner, of the Illinois Bar, admitted pro hac vice, of counsel), for Fuller-O'Brien Corporation, defendant.
Donovan Leisure Newton & Irvine, New York City (Daniel J. Thomasch of counsel), for American Cyanamid Company, defendant.
Fitzgerald & Fitzgerald, P. C., Yonkers (John E. Fitzgerald and John M. Daly of counsel), for plaintiffs.
Supreme Court, Bronx County.
OPINION OF THE COURT
GERALD ESPOSITO, J.
Motion by defendants pursuant to CPLR 3211 to dismiss plaintiffs' claims alleging design defect, nuisance, consumer fraud and breach of express warranty and cross motion by plaintiffs and proposed plaintiffs-intervenors for leave to intervene are consolidated and decided as follows:
Defendants move herein to dismiss plaintiffs' claims for design defect, nuisance, breach of express warranty and consumer fraud...
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