Beasock v. Dioguardi Enterprises, Inc.

—Order and judgment unanimously reversed, on the law, with costs, and motion denied. Memorandum: Plaintiffs decedent was killed when a tire, mounted on an undersized rim, exploded. Defendant Johnny Antonelli, the recapper of the tire, moved for summary judgment dismissing the complaint as to it and the motion was granted. We reverse.

We need not determine here whether a recapper who recaps a tire owned by its customer should be subject to the same liability as a manufacturer. As a recapper of tires, Johnny Antonelli may have breached a duty in negligence owed to plaintiffs decedent. Johnny…