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RODRIGUEZ v. PELHAM PLUMBING & HEATING CORP.

20 A.D.3d 314 (2005)

799 N.Y.S.2d 27

RUDDY RODRIGUEZ et al., Infants, by Their Mother and Natural Guardian, MAYRA RODRIGUEZ, et al., Plaintiffs, v. PELHAM PLUMBING & HEATING CORP. et al., Defendants, and RUCON PROPERTIES, LLC, Defendant and Third-Party Plaintiff-Respondent. BROWN STOVE WORKS, INC., Third-Party Defendant-Appellant and Second Third-Party Plaintiff-Appellant. MILBROOK PROPERTIES, Second Third-Party Defendant-Respondent.

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

July 7, 2005.

The infant plaintiffs were allegedly injured when a stove in their apartment tipped over spilling hot food on them. Third-party defendant Brown was the manufacturer of the stove and it is alleged in the third-party action against Brown, inter alia, that plaintiffs' harm is attributable to design defects in the stove and Brown's failure to adequately warn that the stove would present an inordinate risk of instability unless installed with an anti-tip bracket. Except for the...

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