From Casetext: Smarter Legal Research

Atkisson v. Manitoba Corporation

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 14, 1993
192 A.D.2d 1077 (N.Y. App. Div. 1993)

Opinion

April 14, 1993

Appeal from the Supreme Court, Erie County, Flaherty, J.

Present — Callahan, J.P., Pine, Balio, Lawton and Doerr, JJ.


Order unanimously modified on the law and as modified affirmed with costs to plaintiff in accordance with the following Memorandum: We conclude that arguably a question of fact exists whether defendant Pine Tree Machinery is a successor corporation to defendant Rigby Machinery, Inc. and therefore strictly liable for plaintiff's injuries (see, Sweatland v Park Corp., 181 A.D.2d 243, 245-246). This issue should be determined at trial rather than by summary disposition (see, Cooney v Osgood Mach., 174 A.D.2d 1046). Consequently, Supreme Court erred in granting Pine Tree's motion for summary judgment to the extent that plaintiff's complaint sought to impose liability on Pine Tree based on successor liability (see generally, Glick Dolleck v Tri-Pac Export Corp., 22 N.Y.2d 439, 441; Hourigan v McGarry, 106 A.D.2d 845, 845-846, appeal dismissed 65 N.Y.2d 637). We agree with Supreme Court, however, that Pine Tree did not have an independent duty to warn plaintiff of the defective condition of the machine (see, Sullivan v Joy Mfg. Co., 70 N.Y.2d 806, 808-809).


Summaries of

Atkisson v. Manitoba Corporation

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 14, 1993
192 A.D.2d 1077 (N.Y. App. Div. 1993)
Case details for

Atkisson v. Manitoba Corporation

Case Details

Full title:WILLIAM B. ATKISSON, Appellant, v. MANITOBA CORPORATION et al.…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Apr 14, 1993

Citations

192 A.D.2d 1077 (N.Y. App. Div. 1993)
596 N.Y.S.2d 237

Citing Cases

Opinion No. 2007-280

See e.g., SB 849 of 1995 (Regular Session) (vetoed by the Governor), and SB 579 of 1997 (Regular Session)…

Lippens v. Winkler Int'l Corp.

The Fourth Department classifies the successor liability issue as one that "should be determined at trial…