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RYPKEMA v. TIME MFG. CO.

No. 01 Civ.4534(RWS).

263 F.Supp.2d 687 (2003)

Rose RYPKEMA and Ted Rypkema, Plaintiffs, v. TIME MANUFACTURING COMPANY, Defendant. Time Manufacturing Company, Third-Party Plaintiff, v. Butler Services, Inc., f/k/a Butler Fleet Services, Third-Party Defendant. Time Manufacturing Company, Second-Third Party Plaintiff, v. Savvy Systems Ltd., Second Third-Party Defendant.

United States District Court, S.D. New York.

May 20, 2003.

Attorney(s) appearing for the Case

Shafran, Mosley, New York, NY (Howard E. Shafran, of counsel), for plaintiffs.

Lester, Schwab, Katz & Dwyer, New York, NY (Scott L. Haworth, of counsel), for Defendant Time Manufacturing.

O'Connor, Redd, Gollihue & Sklarin, White Plains, NY (Mary E. Mohnach, of counsel), for Second Third-Party Defendant Sawy Systems Ltd.

OPINION

SWEET, District Judge.

Defendant Time Manufacturing Company ("Time") has moved under Rule 56, Fed.R.Civ.P., to dismiss the complaint of plaintiff Rose Rypkema and Ted Rypkema ("Rypkema") (collectively, the "Rypkemas") alleging product liability. Thirdparty defendant Savvy Systems, Ltd. ("Savvy") has cross-moved to dismiss the third-party complaint of Time. For the reasons set forth below, the...

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