Dupuis v. City of Geneva

Order unanimously reversed on the law with costs and finding vacated. Memorandum: From our review of the record, we conclude that Supreme Court improperly found that it was undisputed that plaintiff’s corneal scarring in his left eye was not proximately caused by any alleged defects in the goggles distributed and sold by defendants. (Appeal from Order of Supreme Court, Ontario County, Henry, Jr., J.— Summary Judgment.) Present — Callahan, J. P., Green, Pine, Lawton and Davis, JJ.