ESCARRIA v. AMERICAN GAGE & MANUFACTURING CO.


261 A.D.2d 434 (1999)

690 N.Y.S.2d 86

HERMES ESCARRIA et al., Appellants, v. AMERICAN GAGE & MANUFACTURING CO., et al., Respondents, et al., Defendants.

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

Decided May 10, 1999.


Ordered that the order is affirmed, with one bill of costs.

"The circumstantial evidence of identity of the manufacturer of a defective product causing personal injury must establish that it is reasonably probable, not merely possible or evenly balanced, that the defendant was the source of the offending product" (Healey v Firestone Tire & Rubber Co., 87 N.Y.2d 596, 601-602; see, D'Amico v Manufacturers Hanover Trust...

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