VAN SLYKE v. NIAGARA MOHAWK POWER CORP.


60 N.Y.2d 774 (1983)

David Van Slyke, Appellant, v. Niagara Mohawk Power Corporation et al., Respondents. Niagara Mohawk Power Corporation, Third-Party Plaintiff, v. New York Telephone Company, Third-Party Defendant. General Cable Corporation, Third-Party Plaintiff-Appellant, v. New York Telephone Company, Third-Party Defendant-Respondent. (Appeal No. 1.) (And Three Other Similarly Titled Actions. Appeals Nos. 2, 3, 4.)

Court of Appeals of the State of New York.

Decided October 20, 1983.


Attorney(s) appearing for the Case

Richard D. Ryan for plaintiff-appellant.

Douglas H. Young for Niagara Mohawk Power Corporation, respondent.

Hilbert I. Greene for General Cable Corporation, respondent and third-party plaintiff-appellant.

John F. Gates for New York Telephone Company, third-party defendant-respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur in memorandum.


MEMORANDUM.

On plaintiff's appeal in appeal No. 1, the order of the Appellate Division, insofar as appealed from, should be affirmed, with costs.

We agree with the Appellate Division that plaintiff's design defect cause of action must fail for lack of proof that defendant General Cable Corp. had reason to know of the increased danger by virtue of the operator's storage of a tool in a particular manner (see Robinson...

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