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LEWIS v. BAKER

1 A.D.3d 217 (2003)

767 N.Y.S.2d 109

MICHAEL LEWIS, Appellant, v. DONALD BAKER et al., Defendants, and SEARS ROEBUCK AND COMPANY, INC., Respondent. (And a Third-Party Action.) SEARS ROEBUCK AND COMPANY, INC., Third-Party Plaintiff-Respondent, v. PETER WORZMAN, Third-Party Defendant-Respondent.

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

November 18, 2003.

Sears' evidence sufficiently establishes that the allegedly defective ladder was made of magnesium, that Sears no longer sold magnesium ladders at the time plaintiff's employer claimed to have purchased the ladder from Sears, and that the ladder in any event was a model type never sold by Sears. Such evidence consisted largely of the relevant pages of Sears catalogues, and the affidavit of the plant manager and chief engineer of the only manufacturer of magnesium ladders...

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