TERWILLIGER, CHARLES v. MAX CO., LTD.

Appeal from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered January 20, 2015. The order, insofar as appealed from, granted in part the motions of plaintiffs for leave to reargue and, upon reargument, denied that part of the motion of defendants seeking summary judgment dismissing the claim of breach of implied warranty of merchantability/ fitness for ordinary purposes. It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Same memorandum as in Terwilliger v Max Co., Ltd. ([appeal No. 1] 137 AD3d 1699 [2016]). Present—Smith, J.P., Peradotto, Curran and Scudder, JJ.