In an action to recover damages for personal injuries, etc., the defendants Cypress Industrial Supply Corp. and Utility Manufacturing Co., Inc., appeal from so much of an order of the Supreme Court, Kings County (Yoswein, J.), dated September 9, 1996, as granted the plaintiffs’ motion to renew their opposition to the appellants’ prior motion for summary judgment dismissing the complaint insofar as asserted against them and denied those branches of the appellants’ motion which were to dismiss the plaintiffs’ causes of action to recover damages for (1) design defect, negligence, products liability, and breach of implied warranty independent of their causes of action under the Federal Hazardous Substance Act (15 USC § 1261 et seq.), and (2) negligence arising from violations of the Federal Hazardous Substance Act.
Ordered that the order is affirmed insofar as appealed from, with costs.
The infant plaintiff allegedly sustained physical injuries when he ingested bath water allegedly contaminated by a sulfuric acid-based drain cleaner. The drain cleaner, allegedly manufactured, distributed and promoted by the defendants Utility Manufacturing Company, Inc., Cypress Industrial Supply Corporation, and the Association of Chemical Producers, Inc., was allegedly used by the plaintiffs’ landlord, the defendant Armando Hernandez, to clear a clog in the drain of the bathtub in the plaintiffs’ apartment.
The plaintiffs commenced this action asserting causes of action to recover damages for negligence, strict products liability,
The appellants’ remaining contentions are without merit. Miller, J. P., Sullivan, Pizzuto and Florio, JJ., concur.