Rabon-Willimack v. Robert Mondavi Corp.
| Decision Date | 18 May 2010 |
| Citation | 905 N.Y.S.2d 190,73 A.D.3d 1007 |
| Parties | Lissa RABON-WILLIMACK, appellant, et al., plaintiff, v. ROBERT MONDAVI CORPORATION, et al., defendants third-party plaintiffs-respondents, et al., defendants; Saint-Gobain Containers, Inc., third-party defendants-respondents. |
| Court | New York Supreme Court — Appellate Division |
73 A.D.3d 1007
Lissa RABON-WILLIMACK, appellant, et al., plaintiff,
v.
ROBERT MONDAVI CORPORATION, et al., defendants third-party plaintiffs-respondents, et al., defendants;
Saint-Gobain Containers, Inc., third-party defendants-respondents.
Supreme Court, Appellate Division, Second Department, New York.
May 18, 2010.
Klein & Folchetti, Port Chester, N.Y. (Robert Folchetti of counsel), for appellant.
Eustace & Marquez, White Plains, N.Y. (John R. Marquez of counsel), for defendants third-party plaintiffs-respondents.
Silverman Sclar Shin & Byrne PLLC, New York, N.Y. (Vincent Chirico of counsel), for third-party defendants-respondents.
STEVEN W. FISHER, J.P., RUTH C. BALKIN, SHERI S. ROMAN, and SANDRA L. SGROI, JJ.
In an action to recover damages for personal injuries, etc., the plaintiff Lissa Rabon-Willimack appeals from an order of the Supreme Court, Westchester County (Donovan, J.), entered September 8, 2008, which granted the motion of the defendants third-party plaintiffs for summary judgment dismissing the complaint insofar as asserted against them and granted the cross motion of the third-party defendants for summary judgment dismissing the complaint and the third-party complaint.
ORDERED that the appeal from so much of the order as granted that branch of the cross motion of the third-party defendants which was for summary judgment dismissing the third-party complaint is dismissed, as the plaintiff Lissa Rabon-Willimack is not aggrieved by that portion of the order ( see CPLR 5511); and it is further,
ORDERED that the order is affirmed insofar as reviewed; and it is further,
ORDERED that the respondents are awarded one bill of costs.
The injured plaintiff, Lissa Rabon-Willimack (hereinafter Willimack), and her husband, suing derivatively, commenced this action against, among others, the Robert Mondavi Corporation and the Robert Mondavi Winery (hereinafter together Robert
Following discovery, Robert Mondavi moved, and Saint-Gobain cross-moved, inter alia, for summary judgment dismissing the complaint on the ground, among others, that there was no evidence that the bottle of wine was defective. In support, they relied on the conclusion of their experts that the bottle fractured because Willimack, while utilizing a waiter's corkscrew as a lever to uncork the bottle, applied excessive force to the top of the wine bottle with the metal fulcrum of the corkscrew. The Supreme Court granted the motion and cross motion, inter alia, for summary judgment dismissing the complaint, prompting this appeal by Willimack. We affirm.
A party injured as a result of a defective product may seek relief against the product manufacturer or others in the chain of distribution if the defect was a substantial factor in causing the injury ( see Speller v. Sears, Roebuck & Co., ...
To continue reading
Request your trial
-
LaScala v. QVC
......Hobart Corp., 92 N.Y.2d 232, 237, 677 N.Y.S.2d 764, 700 N.E.2d 303 ). "A products ...Robert Mondavi Corp., 73 A.D.3d 1007, 1008–1009, 905 N.Y.S.2d 190 ; Galletta v. ......
-
Morales v. City of N.Y.
...(see Speller v. Sears, Roebuck & Co., 100 N.Y.2d 38, 41, 760 N.Y.S.2d 79, 790 N.E.2d 252 ; Rabon–Willimack v. Robert Mondavi Corp., 73 A.D.3d 1007, 1008, 905 N.Y.S.2d 190 ). " ‘A product may be defective when it contains a manufacturing flaw, is defectively designed or is not accompanied by......
-
In Re: Nassau County Consolidated Mtbe (methyl Tertiary Butyl Ether) Products Liability Litigation.
...retailer or other seller in the chain of distribution.6 (Rest. 3d Torts Prod Liab § 1; accord Rabon-Willimack v. Robert Mondavi Corp., 73 A.D.3d 1007 [2d Dep't 2010], Speller ex rel. Miller v. Sears, Roebuck and Co., 100 N.Y.2d 38 [2003]; see also NY Prod Liab §§ 5:2, 5:3 & 5:5, 86 NY Jur 2......
-
Gruppuso v. 67 Newtown Lane L.P.
...to a defect, the plaintiff must then produce direct evidence of a defect" to defeat the motion (Rabon-Willimack v Robert Mondavi Corp., 73 A.D.3d 1007, 1008, 905N.Y.S.2d 190 [2dDept2010]). Furthermore, a defendant seeking summary judgment on the ground that "it did not manufacture the alleg......