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SMALLEY v. HARLEY-DAVIDSON MOTOR COMPANY GROUP LLC

1127 CA 15-00771.

134 A.D.3d 1490 (2015)

23 N.Y.S.3d 770

2015 NY Slip Op 09712

DAVID SMALLEY et al., Appellants, v. HARLEY-DAVIDSON MOTOR COMPANY GROUP LLC et al., Respondents.

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

Decided December 31, 2015.

It is hereby ordered that the order so appealed from is unanimously modified on the law by denying that part of defendants' motion seeking to preclude the expert testimony and evidence of customer complaints to the extent such evidence is relevant to defendants' continuing duty to warn, and as modified the order is affirmed without costs in accordance with the following memorandum: In this products liability case, plaintiffs appeal...

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