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FERNANDEZ v. TERRACE

63 A.D.3d 555 (2009)

882 N.Y.S.2d 50

JEFFREY FERNANDEZ, Respondent-Appellant, v. RIVERDALE TERRACE et al., Defendants, GOTHAM CONSTRUCTION COMPANY, LLC, Respondent, and ACTION CHUTES, INC., Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 23, 2009.

The record shows that Gotham, the general contractor for the construction of the building, contracted with Action for the sale and installation of a trash compactor. Action chose the make and model of the subject compactor, purchased it directly from an entity related to the manufacturer at a "distributor" price and then subcontracted the installation of the compactor to that entity.

It is well established that "[a] party injured as a result of a defective product...

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