Robinson v. Robert Bosch Power Tool Corporation

Appellate Division of the Supreme Court of New York

Robinson v. Robert Bosch Power Tool Corporation

221 A.D.2d 177, 633 N.Y.S.2d 298, 1995 N.Y. App. Div. LEXIS 11532

Appellate Division of the Supreme Court of the State of New York·Decided November 9, 1995·Published·Cited by 1 cases

Opinion

—Order, Supreme Court, Bronx County (Howard Silver, J.), entered March 1, 1995, which, inter alia, denied defendant-appellant’s motion for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

We agree with the IAS Court that plaintiffs presented substantial circumstantial evidence in support of their design defect and failure to warn claims. " ' "Proof of defendant’s liability may be established by circumstantial as well as direct evidence.” ’ ” (Flynn v Manhattan & Bronx Surface Tr. Operating Auth., 94 AD2d 617, 618, affd 61 NY2d 769.) A jury could reasonably infer that defendant-appellant’s chop saw was defectively designed and that the "defect was a substantial factor in causing plaintiffs injury” (Voss v Black & Decker Mfg. Co., 59 NY2d 102, 110). Concur—Rosenberger, J. P., Rubin, Kupferman and Williams, JJ.

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—Order, Supreme Court, Bronx County (Howard Silver, J.), entered March 1, 1995, which, inter alia, denied defendant-appellant’s motion for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

We agree with the IAS Court that plaintiffs presented substantial circumstantial evidence in support of their design defect and failure to warn claims. " ' "Proof of defendant’s liability may be established by circumstantial as well as direct evidence.” ’ ” (Flynn v Manhattan & Bronx Surface Tr. Operating Auth., 94 AD2d 617, 618, affd 61 NY2d 769.) A jury could reasonably infer that defendant-appellant’s chop saw was defectively designed and that the "defect was a substantial factor in causing plaintiffs injury” (Voss v Black & Decker Mfg. Co., 59 NY2d 102, 110). Concur—Rosenberger, J. P., Rubin, Kupferman and Williams, JJ.

Robinson v. Robert Bosch Power Tool Corporation, 221 A.D.2d 177, 633 N.Y.S.2d 298, 1995 N.Y. App. Div. LEXIS 11532 (N.Y. Ct. App. 1995).

Pincite

221 A.D.2d 177 (Robinson v. Robert Bosch Power Tool Corporation) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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