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FIUZZI v. PARAGON SPORTING GOODS CO. LLC

Index No. 154392/18. Appeal No. 16868. Case No. 2020-04474.

212 A.D.3d 431 (2023)

181 N.Y.S.3d 544

2023 NY Slip Op 00054

Manfredi Fiuzzi, Respondent-Appellant, v. Paragon Sporting Goods Co. LLC et al., Appellants-Respondents, et al., Defendants.

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

Decided January 10, 2023.

Attorney(s) appearing for the Case

Cartafalsa Turpin & Lenoff, New York ( Lesley Siskind of counsel), for Paragon Sporting Goods Co., LLC, appellant-respondent.

Goldberg Segalla LLP, White Plains ( William T. O'Connell of counsel), for Gaiam Americas, Inc., appellant-respondent.

McCarney Law P.C., New York ( James G. McCarney of counsel), for respondent-appellant.

Concur—Renwick, J.P., Kapnick, Oing, Moulton, Higgitt, JJ.

Order, Supreme Court, New York County (Francis A. Kahn III, J.), entered on or about October 28, 2020, which, to the extent appealed from as limited by the briefs, denied the motions of defendants Paragon Sporting Goods Co. LLC and Gaiam Americas, Inc. insofar as they sought to dismiss the cause of action for breach of implied warranties and granted the motions insofar as they sought to dismiss the cause of action for breach of express warranties, granted plaintiff's cross...

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