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ADAMS v. GENIE INDUS., INC.

No. 67

14 N.Y.3d 535 (2010)

929 N.E.2d 380

903 N.Y.S.2d 318

WALTER ADAMS, Respondent, v. GENIE INDUSTRIES, INC., Appellant.

Court of Appeals of New York.

Decided May 11, 2010.

Attorney(s) appearing for the Case

Wilson Elser Moskowitz Edelman & Dicker LLP, New York City ( Richard E. Lerner , Philip A. Tumbarello and Patrick J. Lawless of counsel), for appellant.

Gentile & Associates, New York City ( Laura E. Gentile of counsel), and Gurfein Douglas LLP ( Richard Gurfein and Steven Aripotch of counsel) for respondent.

Goldberg Segalla LLP, Buffalo ( Neil A. Goldberg , Matthew S. Lerner and Bryan Richmond of counsel), and Hugh F. Young, Jr. , Reston, Virginia, for Product Liability Advisory Council, Inc., amicus curiae.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, PIGOTT and JONES concur.

OPINION OF THE COURT

SMITH, J.

Plaintiff sues for injuries sustained when he fell from a personnel lift designed, manufactured and sold by defendant, Genie Industries, Inc. The jury found that the product was defectively designed, and we hold that the evidence was sufficient to support that finding. We agree with Genie that the trial court erred in submitting to the jury, as an alternative ground for liability...

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