Krumpek v. Millfeld Trading Co.
Cases that cite this one
9 later published cases cite this decision.
- Noveck v. PV Holdings Corp. (District Court, E.D. New York 2010)
- Noveck v. Avis Rent a Car System, LLC (2d Cir. 2011)
- Dirschedl v. Blum (Appellate Division of the Supreme Court of New York 2005)
- Pankova-Visser v. Walmart Inc. (District Court, N.D. New York 2023)
- Smolinski v. Smolinski (Appellate Division of the Supreme Court of New York 2010)
- Kmiotek v. Chaba (Appellate Division of the Supreme Court of New York 2009)
- Allison v. Erie County Industrial Development Agency (Appellate Division of the Supreme Court of New York 2006)
- Woodhouse v. Bombardier Motor Corp. of America (Appellate Division of the Supreme Court of New York 2004)
- Bennett v. Bennett (Appellate Division of the Supreme Court of New York 2004)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
—Judgment unanimously affirmed without costs.
Contrary to plaintiffs’ contention, the court did not abuse its discretion in granting defendants’ motions for a bifurcated trial. Plaintiffs failed to establish that the nature of the injuries had “an important bearing on the question of liability” (Parmar v Skinner, 154 AD2d 444, 445; see, Kotarski v Kotecki & Sons, 239 AD2d 909). We agree with plaintiffs that the court erred in admitting testimony regarding general quality control standards that did not concern the shoes at issue. That error, however, did not prejudice a substantial right of plaintiffs and, therefore, does not warrant reversal (see, CPLR 2002).
We reject the contention of plaintiffs that the court erred in admitting testimony concerning MTC’s general reputation. Plaintiffs asserted that SCOA, the retailer, had a duty to inspect the shoes, while SCOA asserted that it did not have a duty to inspect the shoes because it relied on MTC to do so. A vendor who purchases products from a reputable source of supply has reasonable grounds for believing the products to be free from defects, while a vendor who buys goods from an unknown manufacturer or one of dubious reputation has no such reasonable grounds (see, Outwater v Miller, 3 AD2d 670). Thus, the testimony regarding MTC’s reputation in the industry was admissible to establish that SCOA had reasonable grounds to believe that it was receiving a product free from defects.
The court properly denied plaintiffs’ request to charge PJI 2:120 with respect to MTC. That charge pertains to a manufacturer’s liability to a remote consumer for negligence, and MTC did not manufacture the shoes.
We reject plaintiffs’ contention that defendants failed to lay a proper foundation for the opinion of their expert concerning
Lastly, we conclude that certain remarks made by counsel for SCOA during cross-examination of plaintiffs’ expert did not deprive plaintiffs of a fair trial. Although those remarks were arguably improper, they did not constitute a pattern of behavior designed to divert the attention of the jurors from the issues at hand (cf., Reynolds v Burghezi, 227 AD2d 941, 942; Mercurio v Dunlop, Ltd., 77 AD2d 647, 647-648). (Appeal from Judgment of Supreme Court, Erie County, Sconiers, J.— Negligence.) Present — Pigott, Jr., P. J., Green, Hurlbutt, Kehoe and Balio, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.