• Appellate Division, First Department
  • 11297
  • Before: Tom, J.P., Friedman, Acosta, Moskowitz, Gische, JJ.
  • For Plaintiff: Third Third-Party Defendant-Appellant: Public Administrator of Bronx County, etc., Plaintiff, 485 East 188th Street Realty Corp., et al., Defendants, 485 East 188th Street Realty Corp., Third-Party Plaintiff-Appellant, Appula Management Corp., Third-Party Defendant-Respondent. [And Other Third-Party Actions]
  • For Defendant: Defendant/third-party plaintiff: 485 East 188th Street Realty Corp., appeals from an order of the Supreme Court, Bronx County (Alison Y. Tuitt, J.), entered on or about April 19, 2010, which, to the extent appealed from as limited by the brief, sua sponte dismissed said party's third-party complaint. Defendant/third-party plaintiff 485 East 188th Street Realty Corp., defendant/third third-party plaintiff New Palace Painters Supply Co., Inc., defendant/second third-party plaintiff T.C. Dunham Paint Company, Inc., and second third-party/third third-party defendant Appula Management Corp., appeal from an order of the same court and Justice, entered June 13, 2012, which, to the extent appealed from as limited by the briefs, denied defendant New Palace Painters Supply Co., Inc.'s motion for summary judgment dismissing as against it the causes of action for negligence and strict liability based on failure to warn, denied defendant T.C. Dunham Paint Company, Inc.'s motion for summary judgment dismissing as against it the causes of action for negligence, failure to warn, and defective condition, and denied as having previously been granted 485 East's motion to dismiss all cross claims against it by Dunham and third-party defendant Appula Management Corp. Appellant: Louise M. Cherkis of counsel, Smith Mazure Director Wilkins Young & Yagerman, P.C., New York, for 485 East 188th Street Realty Corp. Appellant: Dara L. Rosenbaum of counsel, Rosenbaum & Taylor, P.C., for New Palace Painters Supply Co., Inc. Appellant: Jason Levine of counsel, Thomas Torto, New York, for T.C. Dunham Paint Company, Inc. Appellant: Linda A. Stark, New York, for Appula Management Corp. For respondent: Marc A. Seedorf of counsel, Law Offices of Marc A. Seedorf, Bronx.
Product Safety Claims Progress in Fatal Fire

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