Opinion
127
March 15, 2002.
Appeal from an order and judgment (one document) of Supreme Court, Erie County (Fahey, J.), entered May 4, 2001, which, inter alia, granted the motions of defendants Niagara Mohawk Power Corporation, National Diecasting Machinery Division of Racine Federated, Inc., and Avnet Machinery and the cross motion of defendant Louvers Dampers, Inc., and the motion of third-party defendant for summary judgment.
Saperston Day, P.C., Rochester (Gary J. O'donnell of counsel), and Keith A. Hanson, of the Minnesota Bar, Admitted pro hac vice, for plaintiff-appellant.
Hiscock, Barclay, Saperston Day, Buffalo (David M. Hehr of counsel), for defendant-respondent Niagara Mohawk Power Corporation.
O'shea, Reynolds Cummings, Buffalo (Michelle Parker of counsel), for defendant-respondent Louvers Dampers, Inc.
Sugarman Law Firm, LLP, Buffalo (Timothy J. Perry of counsel), for defendants-respondents National Diecasting Machinery Division of Racine Federated, Inc., And Avnet Machinery.
Sheffer, Murphy White, Williamsville (David D. White of counsel), for third-party defendant-respondent.
PRESENT: WISNER, J.P., HURLBUTT, KEHOE, AND LAWTON, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order and judgment so appealed from be and the same hereby is unanimously modified on the law by denying the motion of defendant Niagara Mohawk Power Corporation in part and reinstating the fourth amended complaint insofar as it asserts a cause of action for ordinary negligence against defendant Niagara Mohawk Power Corporation, and reinstating the cross claims against it, and by denying the cross motion of third-party defendant and reinstating the third-party complaint, by denying the motions of defendants Avnet Machinery and National Diecasting Machinery Division of Racine Federated, Inc. and denying in part the cross motion of defendant Louvers Dampers, Inc. with respect to the merits of the causes of action for negligence and strict products liability, and reinstating the fourth amended complaint against them with the exception of the breach of warranty cause of action against defendant Louvers Dampers, Inc. and as modified the order and judgment is affirmed with costs to plaintiff and the matter is remitted to Supreme Court for further proceedings in accordance with same Memorandum as in Flex-O-Vit, USA v. Niagara Mohawk Power Corp. ([appeal No. 1] 292 A.D.2d 764 [decided Mar. 15, 2002]).