Aqua NY of Sea Cliff v. Buckeye Pipeline Co., L.P.

In an action, inter alia, to recover damages for strict products liability and negligence, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Parga, J.), entered September 6, 2012, as granted those branches of the defendants’ motion which were pursuant to CPLR 3211 (a) to dismiss the causes of action alleging strict products liability and failure to warn.

Ordered that the order is affirmed insofar as appealed from, with costs.

In considering a motion to dismiss for failure to state a cause of action pursuant to CPLR 3211 (a) (7), the…