Srajer v. Vanity Fair Mills, Inc.

Order, Supreme Court, New York County (Carmen Beauchamp Ciparick, J.), entered on or about July 13, 1989, which, inter alia, granted plaintiffs motion for a trial preference pursuant to CPLR 3404 (a) (3) and denied defendants’, Vanity Fair Mills, Inc. and Sport Spot, Inc., motions for summary judgment dismissing the complaint and cross claims against them, unanimously affirmed, without costs.

We see no reason under the facts in this case to depart from *287the general rule that "questions of design defect and a manufacturer’s failure to warn are generally inappropriate for resolution on a summary…