SUPREME COURT: COUNTY OF CHAUTAUQUA

_____________________________________________

KATHY L. NUNN, as Executrix

of the Estate of STEVEN R. NUNN,

as Guardian of DANIEL J. NUNN and

HAYLEY A. NUNN, Infants under the

age of fourteen and INDIVIDUALLY

Plaintiffs,

vs Index #G-11012

GTE SYLVANIA INC., n/k/a GTE

PRODUCTS CORPORATION; GLASS

TECH, INC.; B & E ELECTRIC

CORPORATION; BARNES CONSTRUCTION;

CITY OF JAMESTOWN BOARD OF

PUBLIC UTILITIES; TRAUTMAN

ASSOCIATES,

Defendants.

_____________________________________________

CITY OF JAMESTOWN BOARD

OF PUBLIC UTILITIES,

Third Party Plaintiffs,

vs

FALCONER GLASS INDUSTRIES INC.,

Third Party Defendant.

_____________________________________________

BURGETT & ROBBINS

(Dalton Burgett, Esq.

of Counsel) for Plaintiffs

HURWITZ & FINE, P.C.

(Paula Newcomb, Esq.

of Counsel) for Defendant

GTE Sylvania Inc.

SMITH, MURPHY & SCHOEPPERLE

(Bonnie Hager, Esq.

of Counsel) for Defendant

Glass Tech, Inc.

HAGERTY & BRADY

(Michael A. Brady, Esq.

of Counsel) for Defendant

B & E Electric

DAMON & MOREY

(Mark G. Farrell, Esq.

of Counsel) for Defendant

Barnes Construction

WAGNER & HART

(Edward J. Wagner, Esq.

of Counsel) for Defendant

City of Jamestown

O'SHEA, REYNOLDS & CUMMINGS

(C. DeForest Cummings, Jr. Esq.

of Counsel) for Defendant

Trautman Associates

QUINN & McGARRY, P.C.

(Frank P. McGarry, Esq.

of Counsel) for Defendant

Falconer Glass Industries

HODGSON, RUSS, WOODS, & GOODYEAR

(John C. Krenitsky, Esq.

of Counsel) for Electrical

Equipment Corporation

(Non-Party)

DECISION AND ORDER

GERACE, J.

Plaintiffs moved for leave to file an amended

complaint as follows:

1. To include as defendants GTE Sylvania, Inc.; GTE

Products Corporation; GTE-Sylvania Electrical

Equipment Group; Osram Acquisition Corporation;

Osram Sylvania, Inc. This part of the motion is

GRANTED.

2. To add Tinicum Holdings Incorporated, Challenger

Holdings, Inc., and Challenger Electrical Equipment

Corporation. This motion is DENIED, without

prejudice, pending depositions.

3. To add negligent design, manufacturing defects,

breach of warranty and strict products liability.

The motion is DENIED as to the breach of warranty,

express and implied; GRANTED as to negligent

design, manufacturing defects and strict products

liability, except as against defendants

B & E Electric, Barnes Construction, City of

Jamestown BPU and Troutman Associates. See NIAGARA

MOHAWK vs. FERRANTI PACKARD, 201 AD2d 902;

GOLDSTEIN v. BROGAN CADILLAC OLDSMOBILE CORP, et

al, 90 AD2d 512.

4. Plaintiffs must present an updated case management

and scheduling order to the Court and other Counsel

by November 20, 1995.

5. The request of defendants for costs from the

plaintiffs on the motion to amend is DENIED,

without prejudice to apply for actual costs,

attorney fees and expenses incurred for additional

discovery and other pretrial activity that arise as

a direct result of the granting of the motion.

THIS IS THE DECISION AND ORDER OF THIS COURT. NO FURTHER

ORDER IS NECESSARY EXCEPT TO IDENTIFY THE PAPERS ON WHICH

THE MOTION WAS MADE AND ARGUED ON APPLICATION OF ANY

COUNSEL.

DATED: November , 1995

Mayville, New York

_____________________________

JOSEPH GERACE

Supreme Court Justice

To all Counsel:

Please take notice that a DECISION and ORDER of

which the within is a copy, is duly granted in the above

entitled action on the day of , 1995, and

duly entered in the office of the Clerk of the County of

Chautauqua on the same date.