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PEREZ v. REALTY

34 A.D.3d 305 (2006)

824 N.Y.S.2d 87

NATHANIEL PEREZ, Appellant, v. RADAR REALTY et al., Defendants, and STARLITE PAINT & VARNISH CO., INC., et al., Respondents. STARLITE PAINT & VARNISH CO., INC., Third-Party Plaintiff, v. AKZO NOBEL COATINGS, INC., Third-Party Defendant-Respondent.

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

Decided November 14, 2006.

The claim based on a defective design was properly dismissed since no triable issue was presented as to whether "`if the design defect were known at the time of manufacture, a reasonable person would conclude that the utility of the product did not outweigh the risk inherent in marketing a product designed in that manner'" (Denny v Ford Motor Co., 87 N.Y.2d 248, 257 [1995], quoting Voss...

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