Home/New York Court of Appeals/Guarino v. Mohawk Containers Co., Inc.

Guarino v. Mohawk Containers Co., Inc.

450 N.E.2d 239, 59 N.Y.2d 753, 463 N.Y.S.2d 433, 1983 N.Y. LEXIS 3103
CourtNew York Court of Appeals
DecidedMay 11, 1983
StatusPublished
Cited by15 cases

This text of 450 N.E.2d 239 (Guarino v. Mohawk Containers Co., Inc.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Guarino v. Mohawk Containers Co., Inc., 450 N.E.2d 239, 59 N.Y.2d 753, 463 N.Y.S.2d 433, 1983 N.Y. LEXIS 3103 (N.Y. 1983).

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

Plaintiff has failed to set forth any facts or circumstances from which it could be found that his use of defendant’s product was foreseeable, and accordingly summary judgment was properly granted. Inasmuch as plaintiff had deposed one of defendant’s officers and in the 17 months available had not indicated a desire for further disclosure, that he now asserts that he had not completed discovery does not interdict the grant of summary judgment (Chemical Bank v PIC Motors Corp., 58 NY2d 1023).

Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Fuchsberg and Meyer concur; Judge Simons taking no part.

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), . order affirmed, with costs, in a memorandum.

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Bluebook (online)
450 N.E.2d 239, 59 N.Y.2d 753, 463 N.Y.S.2d 433, 1983 N.Y. LEXIS 3103, Counsel Stack Legal Research, https://law.counselstack.com/opinion/guarino-v-mohawk-containers-co-inc-ny-1983.