STILES v. BATAVIA ATOMIC HORSESHOES, INC.


81 N.Y.2d 950 (1993)

George A. Stiles, Respondent, v. Batavia Atomic Horseshoes, Inc., Defendant and Third-Party Plaintiff-Respondent. Records Reserve Corporation, Third-Party Defendant-Appellant.

Court of Appeals of the State of New York.

Decided April 8, 1993.


Attorney(s) appearing for the Case

Hurwitz & Fine, P. C., Buffalo (Theodore J. Burns of counsel), for appellant.

James J. Moran, Williamsville, for George A. Stiles, respondent.

Batavia Atomic Horseshoes, Inc., respondent precluded.

Rheingold & McGowan, P. C., New York City (Richard S. McGowan of counsel), for New York State Trial Lawyers Association, amicus curiae.

Chief Judge KAYE and Judges SIMONS, TITONE, HANCOCK, JR., BELLACOSA and SMITH concur in memorandum.


MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and plaintiff's cause of action in strict products liability dismissed.

Plaintiff sustained injuries while operating a punch press owned by his employer third-party defendant Records Reserve Corp. Records Reserve had purchased the press in used condition from defendant Batavia Atomic Horseshoes. In awarding damages to plaintiff, the jury...

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