LOPEZ v. PRECISION PAPERS, INC.


67 N.Y.2d 871 (1986)

Pablo Lopez et al., Respondents, v. Precision Papers, Inc., et al., Defendants, and Clark Equipment Co., Inc., Appellant. (And Third- and Fourth-Party Actions.)

Court of Appeals of the State of New York.

Decided March 18, 1986.


Attorney(s) appearing for the Case

Herbert Rubin, Michael Hoenig, David B. Hamm and Jack E. Toliver for appellant.

Cheryl Eisberg Moin, Emilio Nunez, Harry H. Lipsig, Jay W. Dankner and Pamela Anagnos Liapakis for respondents.

Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER and HANCOCK, JR., concur; Judge TITONE taking no part.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

The record presents triable issues of fact concerning whether the forklift, as marketed with an attached but removable overhead safety guard, was "not reasonably safe" (Voss v Black & Decker Mfg. Co., 59 N.Y.2d 102, 108) for the uses intended or reasonably anticipated by the manufacturer ...

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