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KAMMERZELL v. CLEAN BURN, INC.

2016-11407. Index No. 2030/13.

165 A.D.3d 769 (2018)

85 N.Y.S.3d 139

2018 NY Slip Op 06725

Scott Kammerzell, Appellant, v. Clean Burn, Inc., Respondent. (And a Third-Party Action.)

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

Decided October 10, 2018.

Ordered that the order is affirmed insofar as appealed from, with costs.

On April 12, 2010, the plaintiff allegedly was injured by an explosion at nonparty Hudson Valley Automotive Inc. (hereinafter Hudson Valley), an auto repair shop where he was employed. Several years prior to the incident, Hudson Valley had purchased a used-oil heating system (hereinafter the heating system) manufactured by the defendant, Clean Burn, Inc. (hereinafter Clean Burn). The heating...

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