Miranda v. C. Schmidt & Sons, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order, Supreme Court, Bronx County (Hansel McGee, J.), entered May 27, 1992, which denied defendant-appellant’s motion for summary judgment, unanimously affirmed, with costs.
Contrary to respondents’ contentions, the within appeal is properly before this Court (see, Cohen v Cohen, 3 NY2d 339, 344) and the IAS Court properly denied defendant-appellant’s motion for summary judgment since the appellant could not demonstrate as a matter of law its inability to anticipate that its beer keg would be combined with a non-defective bung stopper in a way that created the potential for the bung to be *379exp…
2Cases cited2 opinions
- Rastelli v. Goodyear Tire & Rubber Co.New York Court of Appeals · 1992
- Cohen v. CohenNew York Court of Appeals · 1957