Legal Opinion
Rock v. Reed-Prentice Division of Package Machinery Co.
New York Court of Appeals
Decided February 24, 1976PublishedCited by 91 opinions
1Opinion of the CourtWachtler, J.
Plaintiff David Rock was injured while operating a plastic molding machine at his place of employment. He sued the manufacturer of the machine, Reed-Prentice Division of Package Machinery Company, claiming (1) negligence in the manufacture of the machine and (2) breach of implied warranty. Reed-Prentice in turn brought a third-party action against plaintiff’s employer, Westbury Plastics, seeking "judgment over” on the ground that the injury was caused "solely as a result of the primary, active and affirmative negligence of the third party defendant.”
At the trial, held in November of 1973, the…
2Cases cited4 opinions
- Dole v. Dow Chemical Co.New York Court of Appeals · 1972
- Rogers v. Dorchester AssociatesNew York Court of Appeals · 1973
- McFall v. Compagnie Maritime Belge (Lloyd Royal) S. A.New York Court of Appeals · 1952
- Fox v. Western New York Motor Lines, Inc.New York Court of Appeals · 1931
3Cited by91 opinions
- Gould Electronics Inc., F/k/a Gould Inc. American Premier Underwriters, Inc. v. United States of America Gould Electronics Inc. American Premier Underwriters, Inc.Court of Appeals for the Third Circuit · 2000
- Riviello v. WaldronNew York Court of Appeals · 1979
- Hill v. St. Clare's HospitalNew York Court of Appeals · 1986
- McDermott v. City of New YorkNew York Court of Appeals · 1980
- In Re BROOKLYN NAVY YARD ASBESTOS LITIGATION (Joint Eastern and Southern District Asbestos Litigation)Court of Appeals for the Second Circuit · 1992
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