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RAYMOND COLEMAN, et al., respondents-appellants v. CHESEBRO-WHITMAN CO., etc., appellant-respondent, et al., defendant.

DECISION ORDER

ORDERED that the appeal by the plaintiffs from the order dated March 31, 1998, is dismissed on the ground that the order is superseded by the order dated August 28, 1998; and it is further,

ORDERED that the order is modified by deleting the provision thereof denying that branch of the appellant's motion which was for summary judgment dismissing the cause of action to recover damages for strict products liability based on a failure to warn, and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed insofar as appealed from; and it is further,

ORDERED that the plaintiffs are awarded one bill of costs.

The Supreme Court properly concluded that there remained a triable issue of fact as to whether there was a design or manufacturing defect in the subject ladder ( see, Voss v. Black Decker Mfg. Co., 59 N.Y.2d 102; Micallef v. Miehle Co., Div. of Miehle-Goss Dexter, 39 N.Y.2d 376; Bolm v. Triumph Corp., 33 N.Y.2d 151).

However, the appellant was entitled to summary judgment dismissing the cause of action to recover damages for strict products liability based on a failure to warn where the plaintiffs failed to allege what the labels would have warned against and in what way the lack of such warnings was a proximate cause of the accident ( see, Finguerra v. Conn, 252 A.D.2d 463; Silveira Dias v. Marriott Intl., 251 A.D.2d 367; Glucksman v. Halsey Drug Co., 160 A.D.2d 305; Schimmenti v. Ply Gem Indus., 156 A.D.2d 658).

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COLEMAN v. CHESEBRO-WHITMAN CO
(Jun 1, 1999)