Speller v. Sears, Roebuck & Co.

—In an action to recover damages for wrongful death, etc., the defendants Sears, Roebuck and Co. and Whirlpool Corporation appeal from an order of the Supreme Court, Queens County (Kitzes, J.), dated May 29, 2001, which denied their motion for summary judgment dismissing the complaint insofar as asserted against them.

Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the appellants, and the action against the remaining defendants is severed.

This action arises out of a fire which occurred in the kitchen of…