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SEMENETZ v. SHERLING & WALDEN

7 N.Y.3d 194 (2006)

851 N.E.2d 1170

818 N.Y.S.2d 819

BRIDGET SEMENETZ, Individually and as Parent and Guardian of SEAN SEMENETZ, an Infant, Appellant, v. SHERLING & WALDEN, INC., et al., Defendants, and SAWMILLS & EDGERS, INC., Respondent.

Court of Appeals of New York.

Decided June 13, 2006.

Attorney(s) appearing for the Case

Powers & Santola, LLP, Albany (Michael J. Hutter of counsel), for appellant.

Goldberg Segalla, LLP, Albany (Jonathan M. Bernstein of counsel), for respondent.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO and R.S. SMITH concur.

OPINION OF THE COURT

READ, J.

A corporation that purchases another corporation's assets is not liable for the seller's torts, subject to four exceptions outlined in Schumacher v Richards Shear Co. (59 N.Y.2d 239 [1983]). Plaintiff Bridget Semenetz asks us to revisit Schumacher to endorse a fifth exception—the "product line" exception in cases of strict products liability. For the reasons that follow...

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