VELEZ v. CRAINE & CLARK LBR. CORP.


33 N.Y.2d 117 (1973)

Andrew Velez et al., Appellants, v. Craine & Clark Lumber Corp., Respondent.

Court of Appeals of the State of New York.

Decided November 21, 1973.


Attorney(s) appearing for the Case

Benjamin H. Siff, Stanley E. Gould and Thomas R. Newman for appellants.

Philip Hoffer, Raymond J. MacDonnell, Jerome Prince, Rose L. Hoffer and Peter T. Affatato for respondent.

Chief Judge FULD and Judges BURKE, BREITEL, JASEN, GABRIELLI and WACHTLER concur.


JONES, J.

This appeal seeks review of a jury verdict for injured plaintiffs based on defective scaffold planking when the recovery at the time of trial was predicated on a breach of warranty theory. The question before us is what shall be the effect of our decision in Codling v. Paglia (32 N.Y.2d 330) under the doctrine of strict products liability.

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