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Edmond v. Int'l Business Machines Corp.

Appellate Division of the Supreme Court of New York, Second Department
Apr 7, 1997
238 A.D.2d 303 (N.Y. App. Div. 1997)

Opinion

April 7, 1997


In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Milano, J.), dated February 28, 1996, which granted the respective motions by the defendants Mitsubishi Electronics America, Inc., and NMB Technologies, Inc., f/k/a Hi-Tek Co., to dismiss the complaint insofar as asserted against them for failure to state a cause of action.

Ordered that the order is affirmed, with costs.

The Supreme Court correctly dismissed the complaint insofar as asserted against the defendants Mitsubishi Electronics America, Inc. (hereinafter Mitsubishi), and NMB Technologies, Inc., f/k/a Hi-Tek Co. (hereinafter NMB), for failure to state a cause of action, where the plaintiff Jacqueline Edmond's injury occurred more than one year prior to her use of the products of Mitsubishi and NMB ( cf., Coughlin v. International Bus. Machs. Corp., 225 A.D.2d 256; Wallen v. American Tel. Tel. Co. [Sup Ct, Bronx County, Sept. 17, 1992, Saks, J., Index No. 12336/91, affd for reasons stated at Sup Ct 195 A.D.2d 417).

The plaintiffs' remaining contentions are without merit. Mangano, P.J., O'Brien, Thompson and Goldstein, JJ., concur.


Summaries of

Edmond v. Int'l Business Machines Corp.

Appellate Division of the Supreme Court of New York, Second Department
Apr 7, 1997
238 A.D.2d 303 (N.Y. App. Div. 1997)
Case details for

Edmond v. Int'l Business Machines Corp.

Case Details

Full title:JACQUELINE EDMOND et al., Appellants, v. INTERNATIONAL BUSINESS MACHINES…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 7, 1997

Citations

238 A.D.2d 303 (N.Y. App. Div. 1997)
656 N.Y.S.2d 944

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