ARMIJO v. GEORGE A. MITCHELL CO.

2007-04007.

2008 NY Slip Op 06182

LUIS ARMIJO, respondent, v. GEORGE A. MITCHELL CO., appellant.

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

Decided July 8, 2008.


Attorney(s) appearing for the Case

Goldberg Segalla, LLP, White Plains, N.Y. (Brian T. Stapleton and Matthew S. Lerner of counsel), for appellant.

James P. Harris, Goshen, N.Y., for respondent.

Before: FRED T. SANTUCCI, J.P., JOSEPH COVELLO, ARIEL E. BELEN, CHERYL E. CHAMBERS, JJ.


DECISION & ORDER

ORDERED that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly denied the defendant's motion for summary judgment dismissing the complaint, which asserted causes of action based on strict products liability and negligence. The defendant manufacturer failed to establish, prima facie, that it did not design or manufacture an unreasonably dangerous product or that the purchaser's post-manufacture modifications...

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