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RAMOS v. HOWARD INDUS., INC.

10 N.Y.3d 218 (2008)

885 N.E.2d 176

855 N.Y.S.2d 412

JOHN RAMOS, Respondent, v. HOWARD INDUSTRIES, INC., Appellant.

Court of Appeals of the State of New York.

Decided March 13, 2008.

Attorney(s) appearing for the Case

Connors & Vilardo, LLP, Buffalo (Lawrence J. Vilardo and Giuseppe A. Ippolito of counsel), and Law Offices of Walter R. Pacer, Jr. (James D. Schultz, Jr., of counsel), for appellant.

Cantor, Lukasik, Dolce & Panepinto, P.C., Buffalo (Stephen C. Halpern of counsel), for respondent.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ and SMITH concur with Judge PIGOTT; Judge JONES dissents in a separate opinion.

OPINION OF THE COURT

PIGOTT, J.

In this products liability action, defendant manufacturer was denied summary judgment dismissing plaintiff's complaint. Because we conclude that defendant met its initial burden by presenting competent evidence that its product was not defective and plaintiff failed to create an issue of fact excluding all other causes for the product's failure not attributable to defendant...

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