50
general or sub- contractors. (Am. Compl. 7272 ¶¶ 16, 66, 68.) All Fire is alleged to have
"tested the fire suppression system associated with OEM." (Am. Compl. 7272 ¶ 56.)
There are no allegations that these defendants manufactured anything, aside from the
broad claims that the other defendants, with whom these defendants are grouped,
manufactured products. These assertions are too vague to constitute factual allegations
that, if true, would state a claim for products liability. Counts Six, Eight, and Ten are
dismissed as against these defendants.
Only three of the Design and Construction Defendants are alleged to have
manufactured specific products that were installed into 7WTC: Preferred Utilities is
alleged to have "manufactured . . . the oil pump cutoff switches and related fuel
distribution apparatus associated with the backup generators for the OEM center." (Am.
Compl. 7272 ¶ 40); GC Engineering is alleged to have "manufactured . . . the fuel supply
pipes and related fuel distribution apparatus associated with the backup generators for
OEM." (Am. Compl. 7272 ¶ 46); Rosenwach is alleged to have "manufactured . . . the
fuel tank and related fuel distribution apparatus associated with the OEM center." (Am.
Compl. 7272 ¶ 54.) At this stage, where the pleadings are before me, I am constrained to
deny the motion of these defendants to dismiss Counts Six, Eight, and Ten against them.
However, plaintiffs will be required to set out, in future filings, precisely what defects in
such alleged products were the proximate cause of Con Ed's damage.
Several defendants are alleged to have manufactured certain systems
associated with 7WTC. Defendants H.O. Penn, Kaback, Electric Power, and American
Power are alleged to have "manufactured . . . the backup generators and related fuel
distribution apparatus for the OEM center." (Am. Compl. 7272 ¶¶ 36, 38, 42, 44.)
