REYES v. HARDING STEEL, INC.


50 A.D.3d 427 (2008)

856 N.Y.S.2d 562

MIGUEL REYES, Appellant, v. HARDING STEEL, INC., et al., Respondents, et al., Defendant. HARDING STEEL, INC., Third-Party Plaintiff-Appellant, v. LEWISTOWN MANUFACTURING, INC., Third-Party Defendant-Respondent. (And a Fourth-Party Action.)

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

Decided April 15, 2008.


Plaintiff commenced this products liability action to recover damages for injuries he sustained when a parking lift collapsed because of the alleged failure of the telescopic lift rods. Plaintiff's testimony that, after the accident, the rear lift rods were broken at the threads and "opened up like a flower" was sufficient to raise an inference that the rods did not perform as intended and were the cause of the lift's collapse (see Speller v Sears, Roebuck & Co.,<...

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