Legal Opinion
D'Onofrio v. Boehlert
Appellate Division of the Supreme Court of the State of New York
Decided November 15, 1995No. Appeal No. 1PublishedCited by 2 opinions
1Opinion of the Court
—Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted the motion of defendant Spalding & Evenflo Cos., Inc., doing business as Spalding Sports Worldwide (Spalding) for summary judgment dismissing the complaint against it because it did not manufacture, sell or distribute the bicycle plaintiff was riding when she was injured. A trademark licensor cannot be held liable for injuries caused by a defective product bearing its label where the licensor did not design, manufacture, sell, distribute or market the allegedly defective item (see, Porter v LSB Indus., 192…
2Cases cited5 opinions
- Balsam v. Delma Engineering Corp.Appellate Division of the Supreme Court of the State of New York · 1988
- Balsam v. Delma Engineering Corp.New York Court of Appeals · 1988
- Porter v. LSB Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 1993
- Kane v. A.J. Cohen Distributors of General Merchandise, Inc.Appellate Division of the Supreme Court of the State of New York · 1991
- Cavallaro v. BakerAppellate Division of the Supreme Court of the State of New York · 1992
3Cited by2 opinions
- Automobile Ins. Co. of Hartford v. Murray, Inc.District Court, W.D. New York · 2008
- D'Onofrio v. BoehlertAppellate Division of the Supreme Court of the State of New York · 1995