Legal Opinion

The Matter of New York City Asbestos Litigation , Doris Kay Dummitt v. A.W. Chesterton , The Matter of Eighth Judicial District Asbestos Litigation , Joann H. Suttner v. A.W. Chesterton Company

New York Court of Appeals

Decided June 28, 2016No. 83-84PublishedCited by 53 opinions

1Opinion of the Court

OPINION OF THE COURT

Abdus-Salaam, J.

In these appeals, we are called upon to decide when, if ever, a manufacturer must warn against the danger inherent in using the manufacturer’s product together with a product designed and produced by another company. Consistent with our decision in Rastelli v Goodyear Tire & Rubber Co. (79 NY2d 289 [1992]), we hold that the manufacturer of a product has a duty to warn of the danger arising from the known and reasonably foreseeable use of its product in combination with a third-party product which, as a matter of design, mechanics or economic necessity, is…

2Cases cited70 opinions

  1. Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
  2. MacPherson v. . Buick Motor Co.New York Court of Appeals · 1916
  3. Pulka v. EdelmanNew York Court of Appeals · 1976
  4. Palka v. Servicemaster Management Services Corp.New York Court of Appeals · 1994
  5. Micallef v. Miehle Co.New York Court of Appeals · 1976

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3Cited by53 opinions

  1. Air & Liquid Systems Corp. v. DeVriesSupreme Court of the United States · 2019
  2. Sackin v. TransPerfect Global, Inc.District Court, S.D. New York · 2017
  3. Poage v. Crane Co.Missouri Court of Appeals · 2017
  4. Trisvan v. HeymanDistrict Court, E.D. New York · 2018
  5. Herrick v. Grindr, LLCDistrict Court, S.D. Illinois · 2018

48 more not listed; retrieve them via the Exa API.

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