IFRAIMOV v. PHOENIX INDUSTRIAL GAS, LLC


4 A.D.3d 332 (2004)

772 N.Y.S.2d 78

URIEL IFRAIMOV et al., Appellants, v. PHOENIX INDUSTRIAL GAS, LLC, et al., Respondents. (And a Third-Party Action.)

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

February 2, 2004.


Ordered that the order is modified, on the facts, by deleting the provisions thereof granting the motions in their entirety and substituting therefor provisions granting the motions only to the extent of imposing a sanction of a negative inference charge as to the subject luncheonette truck and the propane tanks, and otherwise denying the motions; as so modified, the order is affirmed, with one bill of costs to the appellants.

This negligence and products liability...

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