Felix v. Azko Nobel Coatings

In Felix v. Azko Nobel Coatings (262 A.D.2d 447, 448-449, 692 N.Y.S.2d 413 [2d Dept 1999]), the plaintiff alleged that a quick-drying solvent-based lacquer sealer was defectively designed because it was highly flammable, and that it should have been water-based. The Second Department held that the manufacturer was entitled to summary judgment where the evidence showed that the volatile solvent was critical to the solvent's performance, and there was no evidence that water-based sealers could match solvent-based lacquers with respect to the appearance of the finish, its hardness, its scratch-resistant properties, price, or drying time (id.).