SUKLJIAN v. ROSS & SON CO.


69 N.Y.2d 89 (1986)

Nubar Sukljian, Individually and as Parent and Natural Guardian of Moses Sukljian, an Infant, Plaintiff, v. Charles Ross & Son Company, Inc., Respondent-Appellant, and K.M. Equipment Corporation, Defendant and Third-Party Plaintiff-Respondent-Appellant. Alex Zeeve & Company, Inc., et al., Third-Party Defendants; Commercial Equipment and Machinery Company, Third-Party Defendant-Respondent; General Electric Company, Third-Party Defendant-Appellant-Respondent. (And Fourth- and Fifth-Party Actions.)

Court of Appeals of the State of New York.

Decided December 19, 1986.


Attorney(s) appearing for the Case

Fred J. Hutchison for third-party defendant-appellant-respondent.

H. Neal Conolly and Michael J. Hutter for defendant and third-party plaintiff-respondent-appellant.

Donald W. Boyajian for third-party defendant-respondent.

Judges MEYER, SIMONS, TITONE and HANCOCK, JR., concur with Judge KAYE; Judge ALEXANDER dissents and votes to modify the order by denying summary judgment to General Electric as to the strict products liability claims asserted against it and, as so modified, to affirm in a separate opinion; Chief Judge WACHTLER taking no part.


KAYE, J.

A corporation that sold a machine previously used in its own production as surplus property was not liable to remote purchasers either in strict products liability or in negligence, for injuries allegedly resulting from a defect in the machine, and should have been awarded summary judgment dismissing the complaint.

On February 26, 1978, plaintiff's son, employed in his father's business (Ardex...

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