COTTER v. MERCEDES-BENZ


108 A.D.2d 173 (1985)

Catherine M. Cotter, Individually and as Administratrix of The Estate of Walter Francis Cotter, Also Known as Walter F. Cotter, Deceased, Respondent, v. Mercedes-Benz Manhattan, Division of Daimler-Benz of North America, Inc., et al., Defendants-Appellants

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

April 30, 1985


Attorney(s) appearing for the Case

William P. Ford of counsel (Richard B. Marrin and Cushing O. Condon with him on the brief; Ford Marrin Esposito & Witmeyer, attorneys), for defendants-appellants.

Sally Weinraub of counsel (Bert W. Subin, P. C., and Weinraub & Haines, attorneys), for respondent.

SULLIVAN, J. P., ASCH and KASSAL, JJ., concur.


ROSS, J.

The instant action involves personal injuries sustained in an accident, which was allegedly caused by a malfunctioning cruise control system on a 1976 Mercedes-Benz (Mercedes) automobile, model number 300 D.

Walter Francis Cotter (Mr. Cotter), purchased the subject Mercedes from a dealer located in New York City.

In 1976 Mr. Cotter was living in Wappingers Falls, New York. At that time...

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