Tymko v. K-Mart Discount Stores, Inc.

Order unanimously modified and, as modified, affirmed, with costs to plaintiff, in accordance with the following memorandum: Plaintiff sues to recover the injuries which she allegedly sustained when she used Q-T Quick Tanning Solution, a product manufactured by defendant Plough, Inc., and which she purchased at a store of defendant, K-Mart Discount Stores, Inc. She alleges causes of action in negligence, strict products liability and breach of warranty. As a part of her pretrial preparation, she has had extensive discovery and has had a chemist analyze the product purchased. She now seeks…