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RICKICKI v. BORDEN CHEMICAL

1098 CA 15-02155.

159 A.D.3d 1457 (2018)

72 N.Y.S.3d 302

2018 NY Slip Op 01829

PATRICIA A. RICKICKI, Individually and as Executrix of the Estate of DAVID P. RICKICKI, Deceased, Appellant, 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 UNIMIN CORPORATION et al., Respondents. (Action No. 2.) (Appeal No. 1.)

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

Decided March 16, 2018.

It is hereby ordered that the order so appealed from is reversed on the law without costs, the motions and cross motions are denied, and the negligence and products liability causes of action insofar as those causes of action are based on failure to warn, as well as the loss of consortium claims, are reinstated against the respective defendants-respondents in action Nos. 1 and 2.

Memorandum: Patricia A. Rickicki and David P. Rickicki commenced action No. 1 and Michael...

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