Legal Opinion

Garnett v. Strike Holdings LLC

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

Decided July 2, 2009PublishedCited by 2 opinions

1Opinion of the Court

*420Order, Supreme Court, New York County (Milton A. Tingling, J.), entered April 4, 2008, which denied the Strike defendants’ motion to dismiss the action as against them, unanimously affirmed, without costs.

Plaintiffs allegations sufficiently state causes of action for negligence, negligent and defective design, strict products liability, failure to warn, and breach of warranty. Accepting the facts alleged in the amended complaint as true and according plaintiff the benefit of every possible favorable inference (see Leon v Martinez, 84 NY2d 83, 87-88 [1994]), the allegations that the Strike…

2Cases cited4 opinions

  1. Leon v. MartinezNew York Court of Appeals · 1994
  2. Winckel v. Atlantic Rentals & Sales, Inc.Appellate Division of the Supreme Court of the State of New York · 1990
  3. Tuttle v. TRC Enterprises, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
  4. Leftow v. Kutsher's Country Club Corp.Appellate Division of the Supreme Court of the State of New York · 2000

3Cited by2 opinions

  1. Ward v. StewartDistrict Court, N.D. New York · 2017
  2. Garnett v. Strike Holdings LLCAppellate Division of the Supreme Court of the State of New York · 2015

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