ROSA v. GEN. MOTORS CORP.


226 A.D.2d 213 (1996)

640 N.Y.S.2d 548

Joseph Rosa, Appellant, v. General Motors Corporation et al., Respondents

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

April 16, 1996


Plaintiff failed to prove a prima facie case with respect to the claimed defects in the van he was driving when his accident took place. While, in an action of this kind, the existence of a defect may be inferred from proof that the product did not perform as intended, the inference did not arise here in light of plaintiff's failure to exclude all other causes of the accident not attributable to defendants (see, Halloran v Virginia Chems., 41...

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