Legal Opinion

Ayala v. V & O Press Co.

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

Decided March 2, 1987PublishedCited by 41 opinions

1Opinion of the Court

OPINION OF THE COURT

2Per curiam

These appeals present a number of legal issues. Most notable among these is the question of whether a party who is retained to perform a specific repair with respect to a certain machine, and who performs that repair work without flaw, may be liable for damages upon the theory that he negligently failed to warn the owner of the machine of a design defect inherent in the machine. We hold that, in the absence of any contractual duty to service a given product on a continual or periodic basis, a repairer should not be subjected to liability based on the failure to warn of a…

3Cases cited23 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. Vandermark v. Ford Motor Co.California Supreme Court · 1964
  3. Ray v. Alad Corp.California Supreme Court · 1977
  4. Codling v. PagliaNew York Court of Appeals · 1973
  5. Robinson v. Reed-Prentice Division of Package Machinery Co.New York Court of Appeals · 1980

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

4Cited by41 opinions

  1. Volpe v. CanfieldAppellate Division of the Supreme Court of the State of New York · 1997
  2. Seo v. All-Makes Overhead DoorsCalifornia Court of Appeal · 2002
  3. Comsewogue Union Free School District v. Allied-Trent Roofing Systems, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
  4. LaPaglia v. Sears Roebuck & Co.Appellate Division of the Supreme Court of the State of New York · 1988
  5. Diaz v. South Bend Lathe Inc.District Court, E.D. New York · 1989

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

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