Legal Opinion

Beemer v. Deere & Co.

Appellate Division of the Supreme Court of the State of New York

Decided April 29, 2005PublishedCited by 3 opinions

1Opinion of the Court

Appeal from an order of the Supreme Court, Niagara County (Amy J. Fricano, J.), entered December 3, 2003. The order, insofar as appealed from, granted in part the motion of defendant Deere & Company for summary judgment and dismissed plaintiffs’ defective design claims.

It is hereby ordered that the order insofar as appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is denied in its entirety and the defective design claims are reinstated.

Memorandum: Plaintiffs commenced this action seeking damages for injuries sustained by Jerry A. Beemer…

2Cases cited3 opinions

  1. Merritt Hill Vineyards Inc. v. Windy Heights Vineyard, Inc.New York Court of Appeals · 1984
  2. Rosado v. Proctor & Schwartz, Inc.New York Court of Appeals · 1985
  3. Scarangella v. Thomas Built Buses, Inc.New York Court of Appeals · 1999

3Cited by3 opinions

  1. Repka v. Arctic Cat, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
  2. Campbell v. International Truck & Engine Corp.Appellate Division of the Supreme Court of the State of New York · 2006
  3. Fuller v. Ryder Truck Rental, Inc.Appellate Division of the Supreme Court of the State of New York · 2006

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