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NAPOLITANO v. MASTIC BICYCLES & FITNESS CO., INC.

279 A.D.2d 461 (2001)

719 N.Y.S.2d 113

CHRISTOPHER NAPOLITANO, an Infant, by His Father and Natural Guardian, FIORE NAPOLITANO, JR., et al., Plaintiffs, v. MASTIC BICYCLES & FITNESS CO., INC., Doing Business as SMITH POINT BIKES, INC., et al., Defendants, and BELL SPORTS, INC., Defendant and Third-Party Plaintiff-Respondent. KINESIS INDUSTRIAL COMPANY, LTD., Third-Party Defendant-Appellant.

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

Decided January 8, 2001.

Ordered that the order is affirmed, with costs.

The infant plaintiff Christopher Napolitano was allegedly injured when the frame of the bicycle he was riding broke in at least two places. The plaintiffs commenced an action against, among others, Mongoose Bicycle Company, Inc., a Division of Bell Sports, Inc., as the distributor of the bicycle. Bell Sports, Inc. (hereinafter Bell), subsequently commenced a third-party action...

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