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Markowitz v. S.C. Johnson Sons, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Apr 20, 1992
182 A.D.2d 742 (N.Y. App. Div. 1992)

Opinion

April 20, 1992

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


Ordered that the judgment is reversed, on the law, the complaint is reinstated, and a new trial is granted, with costs to abide the event.

The plaintiffs established a prima facie case sounding in strict products liability for design defects and a failure to warn (see, Voss v Black Decker Mfg. Co., 59 N.Y.2d 102). The weight to be accorded the opinions rendered by the amply qualified plaintiffs' experts on the issue of causation was for the jury to determine (see, Felt v Olson, 51 N.Y.2d 977; Natale v Niagara Mohawk Power Corp., 135 A.D.2d 955; Kruly v Eastman Kodak Co., 77 A.D.2d 806). Accordingly, the trial court improperly awarded the defendants judgment as matter of law. Balletta, J.P., O'Brien, Copertino and Pizzuto, JJ., concur.


Summaries of

Markowitz v. S.C. Johnson Sons, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Apr 20, 1992
182 A.D.2d 742 (N.Y. App. Div. 1992)
Case details for

Markowitz v. S.C. Johnson Sons, Inc.

Case Details

Full title:MARVIN MARKOWITZ et al., Appellants, v. S.C. JOHNSON SONS, INC., et al.…

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

Date published: Apr 20, 1992

Citations

182 A.D.2d 742 (N.Y. App. Div. 1992)

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