Ayala v. V & O Press Co.
Appellate Division of the Supreme Court of the State of New York
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
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Vandermark v. Ford Motor Co.California Supreme Court · 1964
- Ray v. Alad Corp.California Supreme Court · 1977
- Codling v. PagliaNew York Court of Appeals · 1973
- Robinson v. Reed-Prentice Division of Package Machinery Co.New York Court of Appeals · 1980
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4Cited by41 opinions
- Volpe v. CanfieldAppellate Division of the Supreme Court of the State of New York · 1997
- Seo v. All-Makes Overhead DoorsCalifornia Court of Appeal · 2002
- Comsewogue Union Free School District v. Allied-Trent Roofing Systems, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
- LaPaglia v. Sears Roebuck & Co.Appellate Division of the Supreme Court of the State of New York · 1988
- Diaz v. South Bend Lathe Inc.District Court, E.D. New York · 1989
36 more not listed; retrieve them via the Exa API.