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RICKICKI v. BORDEN CHEMICAL

60 A.D.3d 1276 (2009)

___ N.Y.S.2d ___

DAVID P. RICKICKI et al., Appellants, v. BORDEN CHEMICAL, Division of BORDEN, INC., et al., Defendants, and UNIMIN CORPORATION et al., Respondents. (Action No. 1.) MICHAEL C. CROWLEY et al., appellants, v. C-E MINERALS, INC., et al., Defendants, and NYCO MINERALS COMPANY et al., Respondents. (Action No. 2.) (Appeal No. 2.)

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

Decided March 20, 2009.

It is hereby ordered that the order so appealed from is unanimously modified on the law by denying the motions in part and reinstating the negligence and products liability causes of action insofar as those causes of action are based on failure to warn and the loss of consortium claims against defendants Unimin Corporation and U.S. Silica Company in action No. 1 and against defendants NYCO Minerals Company, Unimin Corporation, U.S. Silica Company, Meyers Chemicals, Malvern...

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