MICALLEF v. MIEHLE CO.


39 N.Y.2d 376 (1976)

Paul Micallef, Appellant, v. Miehle Co., Division of Miehle-Goss Dexter, Inc., et al., Respondents.

Court of Appeals of the State of New York.

Decided April 8, 1976.


Attorney(s) appearing for the Case

Melvin Block and Bernard Meyerson for appellant.

Robert Devine, Stephen W. O'Leary and Stephen W. O'Leary, Jr., for respondents.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur.


COOKE, J.

The time has come to depart from the patent danger rule enunciated in Campo v Scofield (301 N.Y. 468).

This action was initiated to recover damages for personal injuries, allegedly resulting from negligent design and breach of an implied warranty. Paul Micallef, plaintiff, was employed by Lincoln Graphic Arts at its Farmingdale plant as a printing-press...

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