BOYLE v. CITY OF NEW YORK

3289, 17227/02.

79 A.D.3d 664 (2010)

914 N.Y.S.2d 126

WILLIAM BOYLE et al., Respondents-Appellants, v. CITY OF NEW YORK, Defendant and Third-Party Plaintiff. HOUGEN MANUFACTURING, INC., Third-Party Defendant-Appellant-Respondent.

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

Decided December 28, 2010.


With regard to the strict products liability causes of action based on design and manufacturing defects, the motion was correctly denied. Hougen failed to meet its initial burden of establishing prima facie entitlement to judgment as a matter of law. Its expert failed to set forth any information demonstrating that the subject drill was "designed and manufactured under state of the art conditions," "that its manufacturing process complied with applicable industry standards...

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