Legal Opinion

Guarino v. Mohawk Containers Co., Inc.

New York Court of Appeals

Decided May 11, 1983PublishedCited by 15 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

Plaintiff has failed to set forth any facts or circumstances from which it could be found that his use of defendant’s product was foreseeable, and accordingly summary judgment was properly granted. Inasmuch as plaintiff had deposed one of defendant’s officers and in the 17 months available had not indicated a desire for further disclosure, that he now asserts that he had not completed discovery does not interdict the grant of summary judgment (Chemical Bank v PIC Motors Corp., 58 NY2d 1023).

Chief…

2Cases cited1 opinion

  1. Chemical Bank v. PIC Motors Corp.New York Court of Appeals · 1983

3Cited by15 opinions

  1. Smith v. Johnson Products Co.Appellate Division of the Supreme Court of the State of New York · 1983
  2. Hecht v. Vanderbilt AssociatesAppellate Division of the Supreme Court of the State of New York · 1988
  3. Edwards v. Terryville Meat Co.Appellate Division of the Supreme Court of the State of New York · 1991
  4. Witte v. Incorporated Village of Port Washington NorthAppellate Division of the Supreme Court of the State of New York · 1985
  5. Kuhn v. Camelot Ass'nAppellate Division of the Supreme Court of the State of New York · 2011

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