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07-4031 - Rice v. Kawasaki Heavy Industries, LTD. et al


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07-4031 - Rice v. Kawasaki Heavy Industries, LTD. et al
October 17, 2008
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OPINION AND ORDER granting in part and denying in part 26 Motion to Dismiss. For the reasons stated herein, the branches of the Kawasaki defendants' motion to dismiss plff's negligence, failure to warn, strict product liability, breach of implied warranty, gross negligence and violation of N.Y. Gen. Bus. Law 349 claims is granted and those claims are dismissed; and the motion is otherwise denied. Plaintiff's application for leave to amend the complaint is granted to the extent that plff may file an amended complaint asserting a failure to warn claim under the NJPLA within 30 days from the date of this Order, and the application is otherwise denied. The parties are directed to appear in the Courtroom at 1010 Federal Plaza, Central Isliip, NY on December 4, 2008 at 11:00 AM for a settlement and/or scheduling conference with authority or persons with authority to resolve this action. Further, the parties are directed to engage in good faith settlement negotiations prior to the conference. SO ORDERED. Ordered by Judge Sandra J. Feuerstein on 10/17/08. (Brienza, Lauren)