Legal Opinion
Rosa v. General Motors Corp.
Appellate Division of the Supreme Court of the State of New York
Decided April 16, 1996PublishedCited by 12 opinions
1Opinion of the Court
Judgment, Supreme Court, New York County (Fern Fisher-Brandveen, J.), entered December 20, 1994, which, upon the grant of defendants’ motions at the close of plaintiff’s case, dismissed the complaint, unanimously affirmed, without costs.
Plaintiff failed to prove a prima facie case with respect to the claimed defects in the van he was driving when his accident took place. While, in an action of this kind, the existence of a defect may be inferred from proof that the product did not perform as intended, the inference did not arise here in light of plaintiff’s failure to exclude all other causes…
2Cases cited3 opinions
- Halloran v. Virginia Chemicals Inc.New York Court of Appeals · 1977
- Gomez v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1995
- Stringile v. RothmanAppellate Division of the Supreme Court of the State of New York · 1988
3Cited by12 opinions
- Gilks v. Olay Co., Inc.District Court, S.D. New York · 1998
- D'Auguste v. Shanty Hollow Corp.Appellate Division of the Supreme Court of the State of New York · 2006
- Cohen v. Interlaken Owners, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
- D'Elia v. Martin A. Gleason, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
- Matter of 91st St. Crane Collapse Litig.Appellate Division of the Supreme Court of the State of New York · 2017
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