TORROGROSSA v. TOWMOTOR CO.


44 N.Y.2d 709 (1978)

Thomas Torrogrossa, Appellant, v. Towmotor Co., Subsidiary of Caterpillar Tractor Co., Inc., et al., Respondents. Pennco Industrial Inc., Third-Party Plaintiff-Respondent, v. Tower Insulation Corp., Third-Party Defendant-Respondent. Towmotor Corp. et al., Third-Party Plaintiffs-Respondents, v. Tower Insulation Corp., Third-Party Defendant-Respondent.

Court of Appeals of the State of New York.

Decided March 29, 1978.


Attorney(s) appearing for the Case

Fredric Lewis for appellant.

Walter T. Reardon and Vincent M. Sclafani for Towmotor Co., respondent.

Benjamin Vinar, J. Robert Morris and Thomas R. Newman for Pennco Industrial Inc. and H. O. Penn Machinery Co., Inc., respondents.

Abraham Shapiro and A. Allen Stanger for third-party defendant-respondent.

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


MEMORANDUM.

The order should be affirmed, with costs.

Concededly, the verdict of the jury in favor of Towmotor established that there was neither a breach of implied warranty in the design of the forklift nor negligence in the nature of the warnings contained on the operating plate or manual which accompanied its sale. Of the theories the plaintiff espoused, that left him with only one against the remaining defendant...

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