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MARIANI v. GUARDIAN FENCES OF WNY, INC.

315 CA 20-00220.

194 A.D.3d 1380 (2021)

148 N.Y.S.3d 571

2021 NY Slip Op 02906

Keith Mariani et al., Respondents-Appellants, v. Guardian Fences of WNY, Inc., et al., Defendants, and West-Herr Dodge LLC et al., Appellants-Respondents.

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

Decided May 7, 2021.

Attorney(s) appearing for the Case

LAW OFFICES OF DESTIN C. SANTACROSE, BUFFALO ( RICHARD S. POVEROMO , OF COUNSEL), FOR DEFENDANTS-APPELLANTS-RESPONDENTS.

LIPSITZ GREEN SCIME CAMBRIA LLP, BUFFALO ( JOHN A. COLLINS OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS-APPELLANTS.

Present—Smith, J.P., Carni, Lindley, Troutman and Bannister, JJ.

It is hereby ordered that the order and partial judgment so appealed from is unanimously modified on the law by denying that part of the motion of defendants West-Herr Dodge LLC and West-Herr Automotive Group, Inc. with respect to the strict products liability cause of action against them insofar as it is predicated on the theory of defective design and reinstating that cause of action to that extent, and as modified the order and partial judgment is affirmed without costs...

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