AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

Luis ARMIJO, Respondent, v. GEORGE A. MITCHELL CO., Appellant.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly denied the defendant's motion for summary judgment dismissing the complaint, which asserted causes of action based on strict products liability and negligence. The defendant manufacturer failed to establish, prima facie, that it did not design or manufacture an unreasonably dangerous product or that the purchaser's post-manufacture modifications to the product rendered the product unreasonably dangerous and thereby divested it of any potential liability ( see Liriano v Hobart Corp., 92 NY2d 232). Accordingly, the defendant failed to establish its prima facie entitlement to judgment as a matter of law, and the Supreme Court properly denied the defendant's motion for summary judgment dismissing the complaint, regardless of the adequacy of the plaintiffs opposing papers.

The defendant's remaining contentions are without merit.

Use AI to get other relevant cases.

Comments

ARMIJO v. MITCHELL
(Jul 8, 2008)