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JANIYA W.-G. v. SMITH

350663/08 6270A 83807/09 84155/09 6270.

160 A.D.3d 502 (2018)

74 N.Y.S.3d 530

2018 NY Slip Op 02557

Janiya W.-G., Appellant, et al., Plaintiff, v. Michael Smith et al., Defendants, and Canje Discount, Inc., et al., Respondents. Durst Corporation, Third-Party Plaintiff-Appellant/Second Third-Party Plaintiff-Appellant, v. Hercules Chemical Company, Inc., et al., Third-Party Defendants-Respondents. Hercules Chemical Company, Inc., et al., Second Third-Party Defendants-Respondents.

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

Decided April 12, 2018.

As plaintiff does not allege that the sulfuric acid drain opener that allegedly caused her injuries was defectively designed or manufactured or that there was a failure to warn, no claim for strict products liability lies (Gebo v Black Clawson Co., 92 N.Y.2d 387, 392 [1998]).

Because defendant Canje, the retail outlet at which the product was purchased, never agreed to abide by the sale policy of the manufacturer, third-party...

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