1. Home
  2. Browse Decisions
  3. A.D.2d
  4. 292 A.D.2d
  5. 292 A.D.2d 118 (2002)
 

FRANK v. DAIMLERCHRYSLER CORP

292 A.D.2d 118 (2002)

741 N.Y.S.2d 9

LINDA FRANK et al., Appellants, v. DAIMLERCHRYSLER CORPORATION, Defendant, and FORD MOTOR COMPANY et al., Respondents.

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

March 28, 2002.

Attorney(s) appearing for the Case

John M. Mason and Janet Walsh of counsel (Law Offices of Gene Locks, PLLC, and Greitzer & Locks, LLC, attorneys), for appellants.

Martha Dye of counsel (Stuart Bodoff and John H. Beisner on the brief; O'Melveny & Myers, LLP, attorneys), for Ford Motor Company, respondent.

J. Andrew Langan of counsel (Howard Fetner and Douglas M. Poland on the brief; Kirkland & Ellis, attorneys), for General Motors Corporation and another, respondents.

Michael Hoenig of counsel (Hugh F. Young, Jr., and Michael T. Wharton on the brief; Herzfeld & Rubin, P.C., Product Liability Advisory Council, Inc., and Wharton, Levin, Ehrmantraut, Klein & Nash, attorneys), for Product Liability Advisory Council, Inc., amicus curiae.

TOM, SAXE and SULLIVAN, JJ., concur.

OPINION OF THE COURT

NARDELLI, J.P.

In this appeal, we are asked to determine whether the Supreme Court properly dismissed, for failure to state a cause of action, plaintiffs' proposed class action, which is based upon a purported defect in the front seat backrests of certain vehicles.

Plaintiffs commenced this proposed class action in June 1999 on behalf of themselves and all New York residents who own a "Class Vehicle," which includes various specified...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases