Lewis v. Baker

Order, Supreme Court, Bronx County (Douglas McKeon, J.), entered July 1, 2002, which, in a products liability action, insofar as appealed from, granted the motion of defendant-respondent Sears for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

Sears’ evidence sufficiently establishes that the allegedly defective ladder was made of magnesium, that Sears no longer sold magnesium ladders at the time plaintiffs employer claimed to have purchased the ladder from Sears, and that the ladder in any event was a model type never sold by Sears. Such evidence…