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KERN v. FRYE COPYSYSTEMS, INC.

No. 93 Civ. 0331 (RWS).

878 F.Supp. 660 (1995)

William KERN and Dorothy Kern, Plaintiffs, v. FRYE COPYSYSTEMS, INC., Frye Industries, Inc., Wheelabrator-Frye Co., Frye Manufacturing Co., Impel Industries, Inc. and Pacific Industries, Inc., Defendants.

United States District Court, S.D. New York.

March 2, 1995.

Attorney(s) appearing for the Case

Finkelstein, Levine, Gittelsohn & Tetenbaum, Newburgh, NY (George A. Kohl, of counsel), for plaintiffs.

Bigham Englar Jones & Houston, New York City (James S. McMahon, George S. Evans, Jr., of counsel), for defendants.

OPINION

SWEET, District Judge.

Defendants Frye Copysystems, Inc. ("Copysystems") and Wheelabrator-Frye Co. ("Wheelabrator") have moved for summary judgment pursuant to Rule 56, Fed.R.Civ.P. against William Kern ("Kern") and Dorothy Kern (collectively the "Kerns").

For the reasons discussed below, Wheelabrator's motion with regard to the claims against it for breach of warranty and strict products liability are granted; its motion with respect...

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