OPERA v. HYVA, INC.


86 A.D.2d 373 (1982)

Michael A. Opera et al., Respondents, v. Hyva, Inc., Defendant and Third-Party Plaintiff-Respondent-Appellant. Moog, Inc., Third-Party Defendant-Appellant-Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

May 14, 1982


Attorney(s) appearing for the Case

Canale, Madden & Burke, P. C. (Howard V. Burke of counsel), for third-party defendant-appellant-respondent.

Brown, Maloney, Gallup, Roach & Busteed, P. C. (John Y. Gallup of counsel), for defendant and third-party plaintiff-respondent-appellant.

Offerman, Fallon, Mahoney & Cassano (Leo J. Fallon of counsel), for respondents.

DILLON, P. J., MOULE and SCHNEPP, JJ., concur with SIMONS, J.; DOERR, J., not participating.


SIMONS, J.

Plaintiff Michael A. Opera fractured his right leg while skiing at Bluemont, a ski area owned and operated by Defendant Hyva, Inc. He and his wife sued defendant, claiming that the injury was caused by a defective binding on skis rented from it. Defendant thereafter impleaded third-party defendant Moog, Inc., the manufacturer of the binding. The jury awarded plaintiffs compensatory and derivative damages...

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