Legal Opinion

Gardner v. Honda Motor Co.

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

Decided April 28, 1995No. Appeal No. 1PublishedCited by 11 opinions

1Opinion of the Court

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in granting summary judgment dismissing the first and third causes of action, alleging negligence and strict products liability, against defendants and all related cross claims insofar as the causes of action and cross claims allege defective design, failure to test and inspect, and failure to warn. With respect to strict products liability, defendants failed to meet their initial burden of proving that a safer design was not feasible and that there was…

2Cases cited9 opinions

  1. Voss v. Black & Decker Manufacturing Co.New York Court of Appeals · 1983
  2. Arvantides v. ArvantidesNew York Court of Appeals · 1985
  3. Trimarco v. KleinNew York Court of Appeals · 1982
  4. Heller v. U. S. Suzuki Motor Corp.New York Court of Appeals · 1985
  5. Fried v. SeippelNew York Court of Appeals · 1992

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3Cited by11 opinions

  1. Baity v. General Electric Co.Appellate Division of the Supreme Court of the State of New York · 2011
  2. Newman v. Regent Contracting Corp.Appellate Division of the Supreme Court of the State of New York · 2006
  3. Eagen v. Harlequin Books Inc.Appellate Division of the Supreme Court of the State of New York · 1996
  4. State v. County of ErieAppellate Division of the Supreme Court of the State of New York · 1999
  5. Ivory v. International Business Machines Corp.Appellate Division of the Supreme Court of the State of New York · 2014

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