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MARKOWITZ v. S.C. JOHNSON SONS, INC

Appellate Division of the Supreme Court of New York, Second Department.
Apr 20, 1992

Ordered that the judgment is reversed, on the law, the complaint is reinstated, and a new trial is granted, with costs to abide the event.

The plaintiffs established a prima facie case sounding in strict products liability for design defects and a failure to warn (see, Voss v Black Decker Mfg. Co., 59 N.Y.2d 102). The weight to be accorded the opinions rendered by the amply qualified plaintiffs' experts on the issue of causation was for the jury to determine (see, Felt v Olson, 51 N.Y.2d 977; Natale v Niagara Mohawk Power Corp., 135 A.D.2d 955; Kruly v Eastman Kodak Co., 77 A.D.2d 806). Accordingly, the trial court improperly awarded the defendants judgment as matter of law. Balletta, J.P., O'Brien, Copertino and Pizzuto, JJ., concur.