Legal Opinion

Cramer v. Toledo Scale Co.

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

Decided February 2, 1990No. Appeal No. 1PublishedCited by 19 opinions

1Opinion of the Court

In October 1980, plaintiff commenced this action alleging causes of action in negligence, strict products liability and breach of warranty. In February 1988, defendants moved for summary judgment dismissing plaintiff’s claims based upon allegations of failure to warn, and in August 1988, defendants moved to dismiss plaintiff’s causes of action in negligence and strict products liability "to the extent they assert a claim of manufacturing defect.” Supreme Court granted both motions, and we affirm.

A manufacturer of a product can be held liable for failing to "provide adequate warnings regarding…

2Cases cited9 opinions

  1. Voss v. Black & Decker Manufacturing Co.New York Court of Appeals · 1983
  2. Lancaster Silo & Block Co. v. Northern Propane Gas Co.Appellate Division of the Supreme Court of the State of New York · 1980
  3. Sukljian v. Charles Ross & Son Co.New York Court of Appeals · 1986
  4. McLaughlin v. Mine Safety Appliances Co.New York Court of Appeals · 1962
  5. Belling v. Haugh's Pools, Ltd.Appellate Division of the Supreme Court of the State of New York · 1987

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3Cited by19 opinions

  1. Johnson v. Johnson Chemical Co.Appellate Division of the Supreme Court of the State of New York · 1992
  2. prod.liab.rep. (Cch) P 15,466 Luis Liriano v. Hobart Corporation, 616 Melrose Meat Corporation,s/h/a Super Associated, Third-PartyCourt of Appeals for the Second Circuit · 1999
  3. Campbell v. Robert Bosch Power Tool Corp.District Court, M.D. Alabama · 1992
  4. Estrada v. Berkel Inc.Appellate Division of the Supreme Court of the State of New York · 2005
  5. Schiller v. National Presto Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 1996

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