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YUN TUNG CHOW v. RECKITT

No. 81

17 N.Y.3d 29 (2011)

YUN TUNG CHOW et al., Appellants, v. RECKITT & COLMAN, INC., et al., Respondents, et al., Defendant. (And Other Actions.)

Court of Appeals of New York.

Decided May 10, 2011.

Attorney(s) appearing for the Case

Lisa M. Comeau , Garden City, and Ronemus & Vilensky, New York City, for appellants.

Ahmuty, Demurs & McManus, Albertson ( Brendan T. Fitzpatrick of counsel), for Reckitt & Colman, Inc. and another, respondents.

Fiedelman & McGaw, Jericho ( James K. O'Sullivan of counsel), and Law Offices of Alan I. Lamer, Elmsford, for Malco Products, Inc., respondent.

Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur with Chief Judge LIPPMAN, Judge SMITH in a separate concurring opinion in which Judge READ concurs.

OPINION OF THE COURT

Chief Judge LIPPMAN.

Plaintiff, Yun Tung Chow, and his wife brought this products liability action against the defendant entities responsible for the manufacture, distribution and package design of a product sold under the brand name Lewis Red Devil Lye (RDL). Defendants moved for summary judgment, and Supreme Court granted the motion. The Appellate Division affirmed, with two Justices...

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