SULLIVAN v. HUTCHINSON


12 A.D.3d 740 (2004)

783 N.Y.S.2d 715

JACQUELYN SULLIVAN, Appellant, v. SUSAN HUTCHINSON et al., Defendants, and MR. SECONDS, INC., Respondent.

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

November 4, 2004.


Mugglin, J.

Plaintiff sustained deep lacerations to her right hand when a porcelain bathroom faucet shattered as she attempted to turn it. In this action, plaintiff seeks damages from, among others, the alleged retailer of the faucet, defendant Mr. Seconds, Inc. (hereinafter Seconds). Following completion of discovery, Seconds moved for summary judgment, relying on the affidavit of a long-time employee who claimed that other local retailers sold bathroom faucets,...

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