Widera v. Ettco Wire & Cable Corp.

Friedmann, J.,

dissents, and votes to reverse the order insofar as appealed from, on the law, and to reinstate the cause of action sounding in common-law negligence, with the following memorandum: I respectfully dissent, and would reinstate the plaintiffs’ negligence cause of action, as dismissal of the complaint based on "lack of duty” as a matter of law is against the trend of evolving law. It is worthy of note at the outset that the defendant did not move for this relief—as if in tacit acknowledgement that it was not warranted, but that the Supreme Court decided to reach the issue sua…