GALLUSCIO v. ATICO INTL. INC.

11636-11

41 Misc.3d 576 (2013)

971 N.Y.S.2d 190

2013 NY Slip Op 23287

MICHELE GALLUSCIO, as Administratrix of the Estate of JEROME J. GALLUSCIO, Deceased, Plaintiff, v. ATICO INTERNATIONAL U.S., INC., et al., Defendants.

Supreme Court, Nassau County.

Decided August 27, 2013.


Attorney(s) appearing for the Case

Biedermann-Hoenig-Semprevivo , New York City, for defendants.

Frank C. Panetta , Garden City, for plaintiff.


OPINION OF THE COURT

ARTHUR M. DIAMOND, J.

The motion by defendant Atico International U.S., Inc. for summary judgment pursuant to CPLR 3212 is denied.

Plaintiff brought this wrongful death action under the various theories of strict products liability, defective warning, and negligence for the alleged defective manufacturing and distribution of a heating pad purchased by the deceased at CVS Pharmacy that...

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