REECE v. J.D. POSILLICO, INC.

2015-09099. Index No. 24476/10.

164 A.D.3d 1285 (2018)

83 N.Y.S.3d 672

2018 NY Slip Op 06048

Ernest Reece, as Administrator of the Estate of Arthur William Reece, Deceased, and on Behalf of Infants, and as Conservator of Jezoar Reece and Another, Respondent, v. J.D. Posillico, Inc., et al., Defendants, Athena Light & Power, Respondent-Appellant, and Topinka & Dangelo, Inc., et al., Defendants/Third-Party Plaintiffs-Appellants-Respondents. Akron Foundry Company, Third-Party Defendant-Appellant-Respondent.

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

Decided September 12, 2018.


Ordered that the appeal by the third-party defendant from so much of the order as denied those branches of the motion of the defendants third-party plaintiffs and the cross motion of the defendant Athena Light & Power which were for summary judgment dismissing so much of the cause of action alleging strict products liability as was based upon a failure to warn insofar as asserted against each of them is dismissed, as the third...

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