HORVATH v. AMERON INTL. CORP.

Index No. 190002/21, Appeal No. 2107, Case No. 2023-05558.

2024 NY Slip Op 02147

SUSAN HORVATH, ETC., Plaintiff-Respondent, v. AMERON INTERNATIONAL CORPORATION, Defendant-Appellant, A.W. CHESTERTON COMPANY, ET AL., Defendants.

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

Decided April 23, 2024.


Attorney(s) appearing for the Case

McGivney, Kluger, Clark & Intoccia, P.C., New York ( Jeffrey S. Kluger of counsel), for appellant.

Simmons Hanly Conroy LLP, New York ( John B. Wetmore of counsel), for respondent.

Before: Oing, J.P., Moulton, Mendez, Shulman, Pitt-Burke, JJ.


Order, Supreme Court, New York County (Adam Silvera, J.), entered October 23, 2023, which denied defendant Ameron International Corporation's motion for summary judgment dismissing the complaint and all cross-claims against it, unanimously affirmed, without costs.

The motion court correctly found that Ameron's evidence did not "unequivocally establish that its product could not have contributed to the causation of plaintiff's injury," and thus correctly denied Ameron...

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