MERCOGLIANO v. SEARS, ROEBUCK AND CO.


303 A.D.2d 566 (2003)

756 N.Y.S.2d 472

APRIL A. MERCOGLIANO et al., Respondents, v. SEARS, ROEBUCK AND CO. et al., Appellants.

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

Decided March 17, 2003.


Ordered that the order is affirmed, with costs.

The injured plaintiff, an infant, was severely burned when the jacket she was wearing caught fire while she was playing near a barbecue grill in her backyard. The defendants, the manufacturer and retailer of the jacket, jointly moved for summary judgment dismissing the complaint. The Supreme Court denied the motion. We affirm.

Compliance with the Federal Flammable Fabrics Act (15 USC § 1191 et seq.

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