Stiles v. Batavia Atomic Horseshoes, Inc.
New York Court of Appeals
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be reversed, with costs, and plaintiff’s cause of action in strict products liability dismissed.
Plaintiff sustained injuries while operating a punch press owned by his employer third-party defendant Records Reserve Corp. Records Reserve had purchased the press in used condition from defendant Batavia Atomic Horseshoes. In awarding damages to plaintiff, the jury concluded that Batavia was a regular seller of used goods and thus, under the court’s instructions, accountable to plaintiff under the theory of strict products…
2Cases cited3 opinions
- Simon v. Electrospace Corp.New York Court of Appeals · 1971
- Sukljian v. Charles Ross & Son Co.New York Court of Appeals · 1986
- In Re the Accounting of KellyNew York Court of Appeals · 1941
3Cited by29 opinions
- Jaramillo v. Weyerhaeuser Co.Court of Appeals for the Second Circuit · 2008
- Allende v. New York City Health & Hospitals Corp.New York Court of Appeals · 1997
- Gonzalez v. Rutherford Corp.District Court, E.D. New York · 1995
- Leon v. J & M Peppe Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1993
- Gebo v. Black Clawson Co.New York Court of Appeals · 1998
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