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53 A.D.2d 291

Tucci v. Bossert

Appellate Division of the Supreme Court of the State of New York · decided 1976-07-06

Good law ✅— No negative treatment on recordhow we know

Decided 1976-07-06

How this case has been cited

Cited by 19 later decisions — most recently July 2001

5 federal appellate · 2 district · 4 state decisions

1301976198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Shapiro, J. (concurring).

¶1I concur in the opinion of my brother Hopkins but, for the sake of clarity, I wish to add the observation that, in my opinion, we are here merely passing upon the sufficiency of the complaint as a pleading and that if, upon the trial, it should appear that Drackett’s container was properly labeled to warn prospective users that Drano, when mixed with water, might be dangerous to users of the product, no cause of action would be made out.

¶2Gulotta, P.J., Latham, Hargett and Shapiro, JJ., concur with Hopkins, J.; Shapiro, J., with a separate concurring opinion, in which Gulotta, P.J., and Latham, J., join.

¶3Order of the Supreme Court, Westchester County, dated May 19, 1975, modified by deleting therefrom the first and second decretal paragraphs and by substituting therefor a provision that the motion of defendant Drackett Products Company is denied. As so modified, order affirmed, with $50 costs and disbursements to plaintiffs. Respondent’s time to answer is extended until 20 days after entry of the order to be made hereon.

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