AYALA v. V & O PRESS CO.


126 A.D.2d 229 (1987)

William Ayala et al., Appellants, v. V & O Press Company, Respondent, and John Humm Safety Equipment Co., Appellant

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

March 2, 1987


Attorney(s) appearing for the Case

Lewitas & Yohonn (Lois Sylor Yohonn of counsel), for William Ayala and another, appellants.

Lester Schwab Katz & Dwyer (Eric A. Portuguese and Steven B. Prystowsky of counsel), for John Humm Safety Equipment Co., appellant.

Bower & Gardner (Steven J. Ahmuty, Jr., of counsel), for respondent.

THOMPSON, J. P., NIEHOFF, KUNZEMAN and SULLIVAN, JJ., concur.


Per Curiam.

These appeals present a number of legal issues. Most notable among these is the question of whether a party who is retained to perform a specific repair with respect to a certain machine, and who performs that repair work without flaw, may be liable for damages upon the theory that he negligently failed to warn the owner of the machine of a design defect inherent in the machine. We hold that, in the absence of...

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