COVER v. COHEN


61 N.Y.2d 261 (1984)

Astor Cover et al., Respondents, v. Helen Cohen, as Administratrix of The Estate of Irving Cohen, Deceased, et al., Respondents, and General Motors Corporation, Appellant.

Court of Appeals of the State of New York.

Decided February 28, 1984.


Attorney(s) appearing for the Case

Roy L. Reardon, Kenneth R. Logan, Irene S. Alpert and Nicholas J. Wittner for appellant.

Marshall M. Kolba for Kinney Motors, Inc., respondent.

Emilio Nunez, Harry H. Lipsig, Pamela Anagnos Liapakis, Jay W. Dankner and Cheryl R. Eisberg for Astor Cover and another, respondents.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER and KAYE concur; Judge SIMONS taking no part.


MEYER, J.

In a strict products liability action based upon design defect, whether the product as marketed was reasonably safe for its intended use is determined by whether a reasonable person with knowledge of the potential for injury of the product and of the available alternatives, balancing the product's risks against its utility and costs and against the risks,...

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