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FASOLAS v. BOBCAT OF NY, INC.

No. 29.

33 N.Y.3d 421 (2019)

128 N.E.3d 627

104 N.Y.S.3d 550

2019 NY Slip Op 03657

SOFIA FASOLAS, as Administratrix of the Estate of ELIAS N. FASOLAS, Also Known as ELIAS FASOLAS, Deceased, Respondent, v. BOBCAT OF NEW YORK, INC., et al., Defendants, BOBCAT OF LONG ISLAND, INC., et al., Appellants, and PORT JEFFERSON RENTAL CENTER, INC., Doing Business as TAYLOR RENTAL CENTER, Respondent.

Court of Appeals of New York.

Decided May 9, 2019.

Attorney(s) appearing for the Case

Goldberg Segalla LLP, Garden City ( Brendan T. Fitzpatrick , Neil A. Goldberg and David S. Osterman of counsel), for appellants.

The Pillersdorf Law Firm, New York City ( Andrew H. Pillersdorf of counsel), for Sofia Fasolas, respondent.

Keller, O'Reilly & Watson, P.C., Woodbury ( Scott C. Watson , Patrick J. Engle and Kathleen V. Meara of counsel), for Port Jefferson Rental Center, Inc., doing business as Taylor Rental Center, respondent.

McGaw, Alventosa & Zajac, Jericho ( Andrew Zajac , Rona L. Platt , Caryn Lilling , Jessica L. Foscolo and Seth Weinberg of counsel), for the Defense Association of New York, Inc., amicus curiae.

Judges STEIN, FAHEY, GARCIA, WILSON and FEINMAN concur; Judge RIVERA dissents and votes to affirm in an opinion.

OPINION OF THE COURT

In Scarangella v Thomas Built Buses (93 N.Y.2d 655 [1999]) we recognized an exception to the general rule of strict products liability for design defects, where the manufacturer offers a product with an optional safety device and the purchaser chooses...

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