SALTER v. SEARS, ROEBUCK AND CO.

3335, 103934/08.

77 A.D.3d 449 (2010)

908 N.Y.S.2d 573

CAROL SALTER, Respondent, v. SEARS, ROEBUCK AND CO., et al., Appellants, et al., Defendants. (And a Third-Party Action.)

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

Decided October 12, 2010.


Plaintiff asserts that she was injured as a result of the sudden acceleration of a treadmill manufactured by Icon. Thus, the disclosure she seeks of information about incidents in which other Icon treadmills suddenly accelerated is warranted (see Bertocci v Fiat Motors of N. Am., 76 A.D.2d 779

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