DENNY v. FORD MOTOR CO.


87 N.Y.2d 248 (1995)

662 N.E.2d 730

639 N.Y.S.2d 250

Nancy Denny et al., Plaintiffs, v. Ford Motor Company, Defendant.

Court of Appeals of the State of New York.

Decided December 5, 1995.


Attorney(s) appearing for the Case

O'Melveny & Myers (John H. Beisner and Brian D. Boyle, of the District of Columbia Bar, admitted pro hac vice, of counsel) and Gibson, McAskill & Crosby, Buffalo (Brian P. Crosby of counsel), for defendant.

Paul F. McAloon, P. C., New York City (Paul F. McAloon of counsel), John Scarzafava, Oneonta, and Cook & Butler, L.L.P. (Russell L. Cook, Jr., of the Texas Bar, admitted pro hac vice, of counsel), for plaintiffs.

Herzfeld & Rubin, P. C., New York City (Michael Hoenig, David B. Hamm and Miriam Skolnik of counsel), for Product Liability Advisory Council, Inc., amicus curiae.

Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE and CIPARICK concur with Judge TITONE; Judge SIMONS dissents in a separate opinion.


TITONE, J.

Are the elements of New York's causes of action for strict products liability and breach of implied warranty always coextensive? If not, can the latter be broader than the former? These are the core issues presented by the questions that the United States Court of Appeals for the Second Circuit has certified to us in this diversity action involving an allegedly defective vehicle. On the facts set forth...

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