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MINCIELI v. PEQUA INDUS., INC.

56 A.D.3d 627 (2008)

867 N.Y.S.2d 535

KEVIN MINCIELI et al., Appellants, v. PEQUA INDUSTRIES, INC., et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 18, 2008.

Ordered that the order is affirmed, with one bill of costs.

The plaintiff Kevin Mincieli (hereinafter Mincieli) allegedly was injured when gas in a cesspool exploded. Mincieli and his wife, suing derivatively (hereinafter together the plaintiffs), commenced this action, inter alia, to recover damages based on strict products liability and negligence with respect to Pequa Industries, Inc. (hereinafter Pequa), and the Home Depot, Inc. (hereinafter Home Depot), and negligence...

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