Opinion
May 1, 1967
Judgment of the Supreme Court, Queens County, entered July 13, 1966, reversed insofar as appealed from, on the law and the facts, with costs; complaint dismissed as to appellant; and action severed accordingly. We find that there was no negligence on the part of the appellant manufacturer. However, even if the manufacturer was negligent in failing to give adequate warning of the potential danger of its product, the negligence of defendant Gustave Raap, the floor-finisher contractor, in failing to take reasonable precautions in the use of the "Fabulon", was the superseding and therefore proximate cause of the accident ( McLaughlin v. Mine Safety Appliances Co., 11 N.Y.2d 62; Howard Stores Corp. v. Pope, 1 N.Y.2d 110). Ughetta, Acting P.J., Christ, Brennan, Rabin and Hopkins, JJ., concur.