Legal Opinion
Bouter v. Durand-Wayland, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided November 15, 1995PublishedCited by 11 opinions
1Opinion of the Court
—Order unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: In 1973, defendant’s predecessor designed for and sold to the predecessor of third-party defendant an apple-sizing machine. As designed, the moving parts of the machine were more than six feet off the ground. Further, apples traveled through the machine in three conveyor lanes with openings between them. If apples became jammed, the excess apples would be ejected over the edges and fall to the floor.
At some point between 1973 and January 24, 1991, third-party defendant or its predecessor…
2Cases cited5 opinions
- Robinson v. Reed-Prentice Division of Package Machinery Co.New York Court of Appeals · 1980
- Amatulli v. Delhi Construction Corp.New York Court of Appeals · 1991
- Van Buskirk v. MigliorelliAppellate Division of the Supreme Court of the State of New York · 1992
- Moore v. Deere & Co.Appellate Division of the Supreme Court of the State of New York · 1993
- Green v. Kautex Machines, Inc.Appellate Division of the Supreme Court of the State of New York · 1990
3Cited by11 opinions
- Liccione v. GearingAppellate Division of the Supreme Court of the State of New York · 1998
- Shelley v. Flow International Corp.Appellate Division of the Supreme Court of the State of New York · 2001
- Cornwell v. Oits Elevator Co.Appellate Division of the Supreme Court of the State of New York · 2000
- McGregor v. Flexcon Co.Appellate Division of the Supreme Court of the State of New York · 2000
- Dias v. Marriott InternationalAppellate Division of the Supreme Court of the State of New York · 1998
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