DaBenigno v. Sunbeam Corp.

Order, Supreme Court, Bronx County (Bertram Katz, J.), entered May 16, 1994, which, inter alia, granted defendants’ respective motions for summary judgment dismissing the complaint, unanimously reversed, to the extent appealed from, as limited by the parties’ briefs, on the law, to reinstate the *249negligence claim against defendants Sunbeam and Pergament, based upon a theory of failure to warn, without costs.

Defendants Sunbeam’s and Pergament’s affidavits in support of their motions for summary judgment were insufficient to prove, as a matter of law, that this manufacturer and retailer had each…