Winckel v. Atlantic Rentals & Sales, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
A commercial lessor who introduces a defective product into the marketplace should be subject to the same potential liability that faces the manufacturer or retailer of a defective product. Applying this rule to the present case, we conclude that the trial court erred in dismissing those of the plaintiffs’ claims that were based on the doctrines of strict products liability and breach of warranty, insofar as those claims were asserted against the defendant Atlantic Rentals & Sales, Inc. This defendant, unlike its codefendants, was in the business of renting equipment, and…
3Cases cited41 opinions
- Codling v. PagliaNew York Court of Appeals · 1973
- Murray v. City of New YorkNew York Court of Appeals · 1977
- Loomis v. Civetta Corinno Construction Corp.New York Court of Appeals · 1981
- Victorson v. Bock Laundry Machine Co.New York Court of Appeals · 1975
- Martin v. Julius Dierck Equipment Co.New York Court of Appeals · 1978
36 more not listed; retrieve them via the Exa API.
4Cited by46 opinions
- Frank v. DaimlerChrysler Corp.Appellate Division of the Supreme Court of the State of New York · 2002
- Searle v. Suburban Propane Division of Quantum Chemical Corp.Appellate Division of the Supreme Court of the State of New York · 2000
- Assam v. Deer Park Spring Water, Inc.District Court, E.D. New York · 1995
- Wengenroth v. Formula Equipment Leasing, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
- Valente v. Textron, Inc.District Court, E.D. New York · 2013
41 more not listed; retrieve them via the Exa API.