Legal Opinion

Rogers v. Sears, Roebuck & Co.

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

Decided January 11, 2000PublishedCited by 11 opinions

1Opinion of the Court

—Order, Supreme Court, Bronx County (Bertram Katz, J.), entered on or about January 4, 1999, which, insofar as appealed from, denied defendant-appellant’s motion for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

The action arises out of an explosion and fire that occurred when one of the plaintiffs attempted to replace an empty propane gas tank with a filled one, which tank was necessary to operate the barbecue grill that appellant sold to the decedent, and which the decedent kept in a semi-enclosed outdoor porch. The motion was properly denied…

2Cases cited3 opinions

  1. Liriano v. Hobart Corp.New York Court of Appeals · 1998
  2. Rastelli v. Goodyear Tire & Rubber Co.New York Court of Appeals · 1992
  3. DaBenigno v. Sunbeam Corp.Appellate Division of the Supreme Court of the State of New York · 1995

3Cited by11 opinions

  1. The Matter of New York City Asbestos Litigation , Doris Kay Dummitt v. A.W. Chesterton , The Matter of Eighth Judicial District Asbestos Litigation , Joann H. Suttner v. A.W. Chesterton CompanyNew York Court of Appeals · 2016
  2. May v. Air & Liquid Systems Corp.Court of Appeals of Maryland · 2015
  3. Berkowitz v. A.C. & S., Inc.Appellate Division of the Supreme Court of the State of New York · 2001
  4. Konstantin v. 630 Third Avenue AssociatesAppellate Division of the Supreme Court of the State of New York · 2014
  5. Surre v. Foster Wheeler LLCDistrict Court, S.D. New York · 2011

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