ROBINSON v. ROBERT BOSCH POWER TOOL CORP

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 A.D.2d 617, 618, affd 61 N.Y.2d 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 plaintiff's injury" ( Voss v Black Decker Mfg. Co., 59 N.Y.2d 102, 110).

Concur — Rosenberger, J.P., Rubin, Kupferman and Williams, JJ.