Brownstone v. Times Square Stage Lighting Co.

Order, Supreme Court, New York County, entered on December 14, 1971, unanimously reversed, on the law, the motion for summary judgment dismissing the complaint, based upon breach of warranty and negligence, is granted, and the action severed as to defendant-appellant, without costs and without disbursements. In this case, the plaintiff, an experienced stage manager, while screwing on a cap to a bottle containing “ flash powder ”, suffered the accident which is the subject of this action. The exact circumstances are equivocally presented, there being no affidavit from an eyewitness. However,…