Rosenblum v. Thatcher Glass Manufacturing Co.

New York Supreme Court

Rosenblum v. Thatcher Glass Manufacturing Co.

22 Misc. 2d 201, 203 N.Y.S.2d 129, 1960 N.Y. Misc. LEXIS 3245

CourtNew York Supreme Court

DecidedApril 6, 1960

StatusPublished

Cited by1 cases

This text of 22 Misc. 2d 201 (Rosenblum v. Thatcher Glass Manufacturing Co.) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Rosenblum v. Thatcher Glass Manufacturing Co., 22 Misc. 2d 201, 203 N.Y.S.2d 129, 1960 N.Y. Misc. LEXIS 3245 (N.Y. Super. Ct. 1960).

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Opinion

Mario Pittoni, J.

Motion for an order dismissing the complaint is granted.

“A milk bottle is a simple appliance in ordinary use not inherently dangerous ” (Cullem v. Renken Dairy Co., 247 App. Div. 742 [2d Dept.]; also Smolen v. Grandview Dairy, 301 N. Y. [202]*202265). There is no allegation in this complaint based on negligence as to the nature of the defect or to show that, while in the possession of the bottle, the movant, the defendant Cooper-dale Dairy Co., should have discovered that defect. The mere fact that the bottle broke when being handled by the plaintiff is not sufficient, for the doctrine of res ipsa loquitur does not apply (Curley v. Ruppert, Inc., 272 App. Div. 441).

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Mario Pittoni, J.

Motion for an order dismissing the complaint is granted.

“A milk bottle is a simple appliance in ordinary use not inherently dangerous ” (Cullem v. Renken Dairy Co., 247 App. Div. 742 [2d Dept.]; also Smolen v. Grandview Dairy, 301 N. Y. [202]*202265). There is no allegation in this complaint based on negligence as to the nature of the defect or to show that, while in the possession of the bottle, the movant, the defendant Cooper-dale Dairy Co., should have discovered that defect. The mere fact that the bottle broke when being handled by the plaintiff is not sufficient, for the doctrine of res ipsa loquitur does not apply (Curley v. Ruppert, Inc., 272 App. Div. 441).

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Bluebook (online)

22 Misc. 2d 201, 203 N.Y.S.2d 129, 1960 N.Y. Misc. LEXIS 3245, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rosenblum-v-thatcher-glass-manufacturing-co-nysupct-1960.

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