Upfold v. Generac Corp.

—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in denying in its entirety the motion of defendants Waban, Inc., and Homeclub, Inc., each doing business as BJ’s Wholesale Club, insofar as they sought partial summary judgment dismissing the negligence causes of action to the extent that those causes of action allege that the product literature provided upon the sale of the generator purchased by Herbert W. Upfold, Jr. (plaintiff) was inadequate. Plaintiff alleged that the product literature provided…