[DOWNLOAD] "Piper v. Kabar Manufacturing Corp." by Appellate Division, Fourth Department, New York Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: Piper v. Kabar Manufacturing Corp.
- Author : Appellate Division, Fourth Department, New York Supreme Court
- Release Date : January 10, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in denying that part of the motion of defendant All-Flow, Inc. (All-Flow), seeking summary judgment dismissing the third cause of action, alleging strict products liability. All-Flow was only a casual lessor of a heat sealing machine to Tensar Structures, Inc. (Tensar), the employer of Gary Piper (plaintiff), and thus All-Flow cannot be held strictly liable for plaintiffs injury. "[W]here distribution of an allegedly defective product is incidental to defendants regular business the principles of strict products liability have no relevance" (Sukljian v Ross & Son Co., 69 NY2d 89, 96). Plaintiffs cite no authority to support their contention that there is an exception to that rule where the lessor is aware of dangers that would not necessarily come to the attention of the lessee or its employees.