ANDUJAR v. SEARS ROEBUCK & CO.


193 A.D.2d 415 (1993)

597 N.Y.S.2d 78

Mark A. Andujar, Respondent, v. Sears Roebuck & Co. et al., Appellants and Third-Party Plaintiffs, et al., Third-Party Defendant

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

May 6, 1993


Plaintiff brought suit alleging that he sustained injury while using a table saw as a result of both defective design and inadequate warning. Inasmuch as Sears held itself out as the manufacturer of the saw, it is held to the same level of care as would any other manufacturer of a product for sale to the public (see, Commissioners of State Ins. Fund v City Chem. Corp., 290 N.Y. 64, 69; see, Restatement [Second] of Torts § 400). Accordingly, Sears...

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