LaSCALA v. QVC

2019-09617. Index No. 53613/17.

201 A.D.3d 798 (2022)

162 N.Y.S.3d 383

2022 NY Slip Op 00305

Andrea LaScala et al., Appellants, v. QVC et al., Respondents.

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

Decided January 19, 2022.


Attorney(s) appearing for the Case

Caruso Glynn, LLC, Little Neck, NY ( Lawrence C. Glynn of counsel), for appellants.

Gerber Ciano Kelly Brady LLP, White Plains, NY ( Brendan T. Fitzpatrick and Jensen Varghese of counsel), for respondents.

Dillon, J.P., Barros, Wooten and Zayas, JJ., concur.


Ordered that the order is modified, on the law, by deleting the provisions thereof granting those branches of the defendants' motion which were for summary judgment dismissing the causes of action alleging negligence and strict products liability for design defect and failure to warn, and breach of the implied warranty of merchantability, and substituting therefor provisions denying those branches of the motion; as so modified, the order is affirmed, without costs or disbursements...

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