Legal Opinion

Gifaldi v. Dumont Co.

Appellate Division of the Supreme Court of the State of New York

Decided April 26, 1991No. Appeal No. 1PublishedCited by 31 opinions

1Opinion of the Court

Judgment unanimously affirmed without costs. Memorandum: The court properly dismissed the action against the moving defendants, the suppliers of the component chemicals incorporated into the allegedly defective polyurethane foam insulation in plaintiffs’ building. The negligence and products liability claims fail to state a cause of action because the amended complaint does not allege that the component chemicals were unreasonably dangerous at the time they left the hands of the defendants. The allegations of defectiveness are directed exclusively to the polyurethane foam insulation. Absent…

2Cases cited2 opinions

  1. Hymowitz v. Eli Lilly & Co.New York Court of Appeals · 1989
  2. Tidball v. TidballAppellate Division of the Supreme Court of the State of New York · 1985

3Cited by31 opinions

  1. Rastelli v. Goodyear Tire & Rubber Co.New York Court of Appeals · 1992
  2. Brenner v. American Cyanamid Co.Appellate Division of the Supreme Court of the State of New York · 2001
  3. Kimmel v. StateAppellate Division of the Supreme Court of the State of New York · 1999
  4. EQK Green Acres, L.P. v. United States Fidelity & Guaranty Co.Appellate Division of the Supreme Court of the State of New York · 1998
  5. Herzog v. Town of ThompsonAppellate Division of the Supreme Court of the State of New York · 1998

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