Appellate Division of the Supreme Court of the State of New York October 1, 2004 (Wesp v. Carl Zeiss, Inc.)

*966Appeal and cross appeal from an order of the Supreme Court, Erie County (Barbara Howe, J.), entered June 12, 2003. The order granted defendants’ motion for summary judgment in part by dismissing so much of the strict products liability and negligence causes of action that are predicated on manufacturing defect or failure to warn and otherwise denied the motion.