SPELLER v. SEARS, ROEBUCK AND CO.


294 A.D.2d 349 (2002)

742 N.Y.S.2d 96

ELIJAH SPELLER et al., Respondents, v. SEARS, ROEBUCK AND CO. et al., Appellants, et al., Defendants.

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

Decided May 6, 2002.


Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the appellants, and the action against the remaining defendants is severed.

This action arises out of a fire which occurred in the kitchen of the plaintiffs' home, resulting in the death of the plaintiffs' decedent, Sandra Speller. The plaintiffs assert causes of action sounding in strict products liability, design defect, and breach...

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