Opinion
November 9, 1995
Appeal from the Supreme Court, Bronx County (Howard Silver, J.).
We agree with the IAS Court that plaintiffs presented substantial circumstantial evidence in support of their design defect and failure to warn claims. "`"Proof of defendant's liability may be established by circumstantial as well as direct evidence."'" ( Flynn v Manhattan Bronx Surface Tr. Operating Auth., 94 A.D.2d 617, 618, affd 61 N.Y.2d 769.) A jury could reasonably infer that defendant-appellant's chop saw was defectively designed and that the "defect was a substantial factor in causing plaintiff's injury" ( Voss v Black Decker Mfg. Co., 59 N.Y.2d 102, 110).
Concur — Rosenberger, J.P., Rubin, Kupferman and Williams, JJ.