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Cotroneo v. Sabatino

41 N.Y. 848 Court N.Y. Decision date 1977-02-15 English

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p. 848
Josephine Cotroneo, Individually and as Parent and Natural Guardian of Thomas Cotroneo, an Infant, Appellant, v Ralph Sabatino, Respondent.
Argued January 7, 1977;
decided February 15, 1977
p. 849
Robert Lahm, Sheila L. Birnbaum, Sidney Devorsetz and Irwin Birnbaum for appellant.
Donald J. Kemple for respondent.

Order affirmed, with costs, for reasons stated in the memorandum at the Appellate Division ( 50 AD2d 1081 ) and because that court correctly discerned that the liability of the defendant was unrelated to that of a manufacturer or distributor of the machine which caused the injury.

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.