SPIERER v. BLOOMINGDALE'S


59 A.D.3d 267 (2009)

873 N.Y.S.2d 66

CHRISTOPHER SPIERER et al., Appellants, v. BLOOMINGDALE'S, a Division of Federated Department Stores, Inc., et al., Defendants, and SIMMONS, USA, Respondent.

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

Decided February 19, 2009.


This is a personal injury/products liability action alleging injury from exposure to toxic chemicals in bedding manufactured by defendant Simmons and purchased from defendant Bloomingdale's. The court properly applied the law of the case doctrine (People v Evans, 94 N.Y.2d 499, 504 [2000]; Martin v City of Cohoes, 37 N.Y.2d 162, 165 [1975]) in dismissing the claims against Simmons based...

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