AMICUS AI
Citation Codes
Equivalent Citations
citation codes
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

JOHN H. BARNES et al., Appellants v. PINE TREE MACHINERY, Defendant, and TIMPSON TRADING CORP., Respondent. (And a Third- and Second Third-Party Action.)

The IAS Court correctly held that defendant's limited involvement in facilitating the sale of the allegedly defective machine that caused plaintiff's injury, a one-time situation in which defendant effectively brokered the sale of the machine from a previous owner to plaintiff's employer, imposed no duty upon defendant to make sure the machine was safe or to warn about potential hazards "that [were] not obvious or readily discernible" ( Sukljian v. Ross Son Co., 69 N.Y.2d 89, 97). Plaintiff's own deposition testimony established that he not only knew through experience of the danger of using the machine in the manner he did, but that such danger was indeed obvious ( see, Czerniejewski v. Steward-Glapat Corp., 236 A.D.2d 795; Schiller v. National Presto Indus., 225 A.D.2d 1053).

Concur — Murphy, P.J., Sullivan, Tom, Mazzarelli and Colabella, JJ.

Use AI to get other relevant cases.

Comments

BARNES v. PINE TREE MACHINERY
(Dec 4, 1997)