Legal Opinion
Garcia v. Biro Manufacturing Co.
New York Court of Appeals
Decided September 18, 1984PublishedCited by 5 opinions
1Opinion of the Court
*753OPINION OF THE COURT
‘Memorandum.
The order of the Appellate Division should be reversed and the order of Special Term, which denied defendant’s motion for summary judgment with permission to renew, reinstated. Defendant’s contention that the machine had a safety guard when manufactured which was thereafter removed rests on the affidavit of its president, which states the model number and serial number of the machine on the basis of advice of defendant’s attorneys, without stating the basis of the attorneys’ information. Defendant has, therefore, failed to meet its burden of establishing its…
2Cited by5 opinions
- prod.liab.rep. (Cch) P 15,466 Luis Liriano v. Hobart Corporation, 616 Melrose Meat Corporation,s/h/a Super Associated, Third-PartyCourt of Appeals for the Second Circuit · 1999
- Sage v. Fairchild-Swearingen Corp.New York Court of Appeals · 1987
- Darsan v. Guncalito Corp.Appellate Division of the Supreme Court of the State of New York · 1989
- Miller v. Anetsberger Bros.Appellate Division of the Supreme Court of the State of New York · 1986
- prod.liab.rep. (Cch) P 15,466 Luis Liriano v. Hobart Corporation, 616 Melrose Meat Corporation,s/h/a Super Associated, Third-PartyCourt of Appeals for the Second Circuit · 1999