Estrada v. Berkel Inc.

Crane, J.,

concurs in part and dissents in part and votes to modify the order appealed from by deleting the provisions thereof granting those branches of the motion which were for *531summary judgment dismissing the first and second causes of action and substituting therefor provisions denying those branches of the motion, and otherwise affirming the order, with the following memorandum: I agree with the majority that the Supreme Court correctly granted summary judgment dismissing the plaintiffs’ third cause of action to recover damages for failure to warn.

I disagree, however, with the dismissal…