Duarte v. Mesta Painting Corp.

Order, Supreme Court, New York County (Charles Ramos, J.), entered April 24, 1996, which, in a products liability action, insofar as appealed from, denied the motion of defendants-appellants manufacturer and seller for summary judgment dismissing the complaint, unanimously affirmed, without costs.

We agree with the IAS Court there is sufficient circumstantial evidence to raise an issue of fact as to whether the accident-causing, lost paint gun supplied to plaintiff by the contractor was manufactured and sold by appellants (see, Healey v Firestone Tire & Rubber Co., 87 NY2d 596, 601-602,…