Opinion
July 30, 1984
In an action to recover damages for personal injuries based upon theories of negligence, products liability and breach of warranty, plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (McGinity, J.), entered February 3, 1984, as granted the cross motion of defendant Union Carbide for summary judgment dismissing the action as against it.
¶ Order affirmed insofar as appealed from, without costs or disbursements.
¶ Plaintiff has failed to present a genuine issue of fact as to defendant Union Carbide's liability (see Southern Assoc. v. United Brands Co., 67 A.D.2d 199). Plaintiff's testimony at an examination before trial effectively belies his contention that the design of the swimming pool liner manufactured by Union Carbide proximately caused his accident (cf. Sommella v. Roach, 91 A.D.2d 630, affd 59 N.Y.2d 622). Mollen, P.J., Weinstein, Rubin and Eiber, JJ., concur.