GERMAN v. MORALES


24 A.D.3d 246 (2005)

806 N.Y.S.2d 493

NAIROBI MIGDALIA GERMAN, Appellant-Respondent, v. JOSE MORALES et al., Respondents-Appellants, and RECOCHEM, INC., Respondent.

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

December 15, 2005.


The affidavit of plaintiff's expert is sufficient to raise an issue of fact not only as to whether Recochem's labeling of the can of lacquer thinner deviated from certain industry standards and provisions of the federal Hazardous Substance Act, but also as to whether any such deviation was a proximate cause of the flash fire. A jury could reasonably conclude, on the basis of the warnings that the expert asserts should have been included on the label, that the warnings that...

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