GEBO v. BLACK CLAWSON CO.


92 N.Y.2d 387 (1998)

703 N.E.2d 1234

681 N.Y.S.2d 221

Scott Gebo, Appellant, v. Black Clawson Company et al., Respondents. Black Clawson Company et al., Third-Party Plaintiffs, v. Knowlton Specialty Papers, Inc., Third-Party Defendant-Respondent.

Court of Appeals of the State of New York.

Decided October 27, 1998.


Attorney(s) appearing for the Case

Mackenzie Smith Lewis Michell & Hughes, L. L. P., Syracuse (Peter D. Carmen and David M. Garber of counsel), for appellant.

Ann K. Kandel, Hauppauge, and Michael R. Vaccaro for Filtration Sciences, Inc. and others, respondents.

Chief Judge KAYE and Judges BELLACOSA, LEVINE, CIPARICK and WESLEY concur.


SMITH, J.

Defendant, the prior owner of an embossing machine, built into the machine a protective guarding system for its own use, not for purposes of market sale. We hold that in the circumstances presented defendant, as a "casual manufacturer," cannot be held liable to the plaintiff-user in strict products liability or negligent design but is under a duty to provide plaintiff adequate warnings, a duty that...

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