Atlas Air, Inc. v. General Electric Co.
Cases that cite this one
10 later published cases cite this decision.
- 126 Newton St., LLC v. Allbrand Commercial Windows & Doors, Inc. (Appellate Division of the Supreme Court of New York 2014)
- New York Methodist Hospital v. Carrier Corp. (Appellate Division of the Supreme Court of New York 2009)
- Bristol Village, Inc. v. Louisiana-Pacific Corp. (District Court, W.D. New York 2013)
- Trump International Hotel & Tower v. Carrier Corp. (District Court, S.D. New York 2007)
- City of N. Tonawanda v. Penn Power Group, LLC (Appellate Division of the Supreme Court of New York 2026)
- Goldrich v. Masco Corporation (District Court, S.D. New York 2024)
- Cincinnati Ins. Co. v. Emerson Climate Tech., Inc. (Appellate Division of the Supreme Court of New York 2023)
- Archstone v. Tocci Building Corp. of New Jersey, Inc. (Appellate Division of the Supreme Court of New York 2012)
- Archstone v. Tocci Building Corp. of New Jersey, Inc. (Appellate Division of the Supreme Court of New York 2012)
- Weiss v. Polymer Plastics Corp. (Appellate Division of the Supreme Court of New York 2005)
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
In an action, inter alia, to recover damages for strict products liability and negligence, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Westchester County (Nastasi, J.), entered September 16, 2003, as granted the defendants’ motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed insofar , as appealed from, with costs.
The plaintiff purchased a Boeing 747 aircraft from Philippine Air Lines and converted it into a cargo plane. The plane was equipped with General Electric CF6-50 engines that were designed and manufactured by the defendant General Electric Company (hereinafter GE). On April 2, 2000, shortly after takeoff, one of the engines failed, causing the plane to make an emergency landing. No one was injured, but the plane was damaged. The plaintiff commenced this action against GE and GE Engine Services, Inc. (hereinafter the defendants). The complaint asserts causes of action to recover damages for negligence and strict products liability, alleging, inter alia, that
The economic loss rule provides that tort recovery in strict products liability and negligence against a manufacturer is not available to a downstream purchaser where the claimed losses flow from damage to the property that is the subject of the contract and personal injury is not alleged or at issue (see Bocre Leasing Corp. v General Motors Corp. [Allison Gas Turbine Div.], 84 NY2d 685 [1995]; Amin Realty v K & R Constr. Corp., 306 AD2d 230, 231 [2003]). The rule is applicable to economic losses to the product itself as well as consequential damages resulting from the defect (see Bocre Leasing Corp. v General Motors Corp. [Allison Gas Turbine Div.], supra at 693; Amin Realty v K & R Constr. Corp., supra at 231). Here, the plaintiff merely alleged economic losses with respect to the plane itself. Accordingly, the Supreme Court properly determined that the economic loss rule barred the plaintiffs strict products liability and negligence claims (see Bocre Leasing Corp. v General Motors Corp. [Allison Gas Turbine Div.], supra).
In view of the foregoing, we do not reach the parties’ contentions concerning contractual limitations on liability. Luciano, J.P., Crane, Rivera and Fisher, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.