Logan's Silo Sales & Service, Inc. v. Nationwide Mutual Fire Insurance
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment insofar as appealed from unanimously reversed on the law without costs, motion granted and judgment granted in accordance with the following Memorandum: On March 8, 1988 Scott Simmons was injured while operating a roller mill purchased from plaintiff. Simmons commenced an action against plaintiff, alleging that plaintiff was negligent in failing to provide proper instructions, that it sold a defectively designed machine, and that it breached express and implied warranties of merchantability and fitness for a particular use. Upon being notified of the personal injury action, defendant…
2Cases cited6 opinions
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- Sears Oil Co. v. Merchants Insurance GroupAppellate Division of the Supreme Court of the State of New York · 1982
- Pennsylvania General Insurance v. KielonAppellate Division of the Supreme Court of the State of New York · 1985
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