ALICEA v. GORILLA LADDER CO.

11285, 304567/15.

181 A.D.3d 512 (2020)

119 N.Y.S.3d 58

2020 NY Slip Op 01960

Osvaldo Alicea, Respondent, v. Gorilla Ladder Company et al., Appellants, et al. Defendant.

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

Decided March 19, 2020.


Plaintiff has withdrawn and discontinued his strict product liability and negligent manufacturing defect claims.

As to the design defect claim, "mere compliance with minimum industry standards is, at most, some evidence to be considered and is not a shield to liability" (Spiconardi v Macy's E., Inc., 83 A.D.3d 472, 473 [1st Dept 2011]). Here, the averments of plaintiff's expert, based on testing of the subject ladder and...

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