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Soule v. Norton

11/15/2002

possess meritorious claims for strict products liability against that defendant (see Metro Envelope Corp. v Westvaco, 72 AD2d 695, 695). We conclude that plaintiffs should be afforded an opportunity to replead those claims (see Lambert v Marks, 96 AD2d 578, 578-579; Metro Envelope Corp., 72 AD2d at 696). We therefore modify the order in the exercise of our discretion by granting that part of plaintiffs' request for leave to replead the fourth cause of action insofar as it alleges claims for strict products liability against Visx upon condition that plaintiffs shall serve a second amended complaint within 30 days of service of a copy of the order of this Court with notice of entry.




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