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Kleinmunz v. Katz

Appellate Division of the Supreme Court of New York, Second Department
Feb 1, 1993
190 A.D.2d 657 (N.Y. App. Div. 1993)

Summary

deeming F.O.B. clause irrelevant to whether Section 302 provides jurisdiction

Summary of this case from Fica Frio, Ltd. v. Seinfeld

Opinion

February 1, 1993

Appeal from the Supreme Court, Kings County (Garry, J.).


Ordered that the judgment is affirmed, without costs and disbursements.

It is well settled that a motion pursuant to CPLR 4401 to dismiss for failure to establish a prima facie case should be granted if there is no rational process by which a jury could find for a plaintiff and against a defendant upon the evidence presented (see, Gruntz v Deepdale Gen. Hosp., 163 A.D.2d 564; Blum v Fresh Grown Preserve Corp., 292 N.Y. 241, 245). Viewing the plaintiff's evidence as to negligence and strict products liability in a light most favorable to her (see, Wragge v Lizza Asphalt Constr. Co., 17 N.Y.2d 313), we find that there was insufficient evidence from which a reasonable person might conclude that the defendants had either actual or constructive knowledge of the alleged defect or that the alleged defect existed at the time the product was sold. Accordingly, the complaint and all cross claims were properly dismissed. Mangano, P.J., Rosenblatt, Ritter and Santucci, JJ., concur.


Summaries of

Kleinmunz v. Katz

Appellate Division of the Supreme Court of New York, Second Department
Feb 1, 1993
190 A.D.2d 657 (N.Y. App. Div. 1993)

deeming F.O.B. clause irrelevant to whether Section 302 provides jurisdiction

Summary of this case from Fica Frio, Ltd. v. Seinfeld
Case details for

Kleinmunz v. Katz

Case Details

Full title:EVA KLEINMUNZ, Appellant, v. ALVIN KATZ et al., Respondents

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

Date published: Feb 1, 1993

Citations

190 A.D.2d 657 (N.Y. App. Div. 1993)
593 N.Y.S.2d 258

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