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HOOVER v. NEW HOLLAND, INC.

No. 36.

23 N.Y.3d 41 (2014)

11 N.E.3d 693

2014 NY Slip Op 2215

LORI HOOVER et al., Respondents, v. NEW HOLLAND NORTH AMERICA, INC., Formerly Known as FORD NEW HOLLAND, INC., et al., Appellants, et al., Defendants. CNH AMERICA LLC, Third-Party Plaintiff-Appellant, v. KYLE P. ANDREWS, Treasurer of Niagara County, as the Temporary Administrator for the Estate of GARY HOOVER, Deceased, Third-Party Defendant-Respondent. (And Another Third-Party Action.)

Court of Appeals of New York.

Decided April 1, 2014.

Attorney(s) appearing for the Case

Phillips Lytle LLP, Buffalo ( Paul F. Jones and Joanna J. Chen of counsel), and Nixon Peabody LLP ( Vivian M. Quinn and Laurie Styka Bloom of counsel), for appellants.

Lipsitz Green Scime Cambria LLP, Buffalo ( John A. Collins of counsel), for respondents.

Augello & Matteliano LLP, Buffalo ( Joseph A. Matteliano and Danielle K. Crowley of counsel), for third-party respondent.

Herzfeld & Rubin, P.C., New York City ( Michael Hoenig and David Hamm of counsel), Hugh F. Young, Jr. , Reston, Virginia, and Jonathan M. Harrison for Product Liability Advisory Council, Inc., amicus curiae.

Chief Judge LIPPMAN and Judges GRAFFEO, READ, PIGOTT and RIVERA concur with Judge ABDUS-SALAAM; Judge SMITH dissents and votes to reverse in an opinion.

OPINION OF THE COURT

ABDUS-SALAAM, J.

Plaintiff-respondent Jessica Bowers sustained severe injuries when she was caught and dragged into the rotating driveline of a tractor-driven post hole digger distributed by defendant-appellant CNH America LLC (CNH) and sold by defendant-appellant Niagara Frontier Equipment Sales, Inc. (Niagara) (collectively, defendants). Prior to the accident, Peter Smith, the owner of the post hole digger, removed a plastic safety...

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