Torrogrossa v. Towmotor Co.
Decision Date | 29 March 1978 |
Citation | 405 N.Y.S.2d 448,376 N.E.2d 920,44 N.Y.2d 709 |
Parties | , 376 N.E.2d 920 Thomas TORROGROSSA, Appellant, v. TOWMOTOR CO., subsidiary of Caterpillar Tractor Co., Inc., et al., Respondents. PENNCO INDUSTRIAL INC., Third-Party Plaintiff-Respondent, v. TOWER INSULATION CORP., Third-Party Defendant-Respondent. TOWMOTOR CORP. et al., Third-Party Plaintiffs-Respondents, v. TOWER INSULATION CORP., Third-Party Defendant-Respondent. |
Court | New York Court of Appeals Court of Appeals |
The order should be affirmed, with costs.
Concededly, the verdict of the jury in favor of Towmotor established that there was neither a breach of implied warranty in the design of the forklift nor negligence in the nature of the warnings contained on the operating plate or manual which accompanied its sale. Of the theories the plaintiff espoused, that left him with only one against the remaining defendant, Pennco, i. e., that the latter was negligent in failing to include the plate and the manual with the lift when it was leased to plaintiff's employer or in...
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