George Larkin Trucking Co. v. Lisbon Tire Mart, Inc.

Order unanimously reversed on the law with costs, motion denied and complaint reinstated. Memorandum: Plaintiffs’ complaint al*615leges causes of action sounding in negligence, strict products liability and breach of warranty, and seeks recovery for damage caused to plaintiffs’ truck engines by contaminated oil allegedly sold by defendants and for the resulting economic loss. In granting summary judgment to defendants, the court adopted their argument that plaintiffs had not shown that defendants were "responsible” for contaminating the oil. Plaintiffs appeal.

On a motion for summary judgment, the…