German v. Morales
Cases that cite this one
8 later published cases cite this decision.
- Monell v. Scooter Store, Ltd. (District Court, N.D. New York 2012)
- Martins v. Little 40 Worth Associates, Inc. (Appellate Division of the Supreme Court of New York 2010)
- Humphrey v. Diamant Boart, Inc. (District Court, E.D. New York 2008)
- Valerio v. 265 McClellan Realty, Inc. (Appellate Division of the Supreme Court of New York 2022)
- Vasquez v. Ridge Tool Pattern Co. (Appellate Division of the Supreme Court of New York 2022)
- Bradley v. HWA 1290 III LLC (Appellate Division of the Supreme Court of New York 2018)
- Reis v. Volvo Cars of North America, Inc. (Appellate Division of the Supreme Court of New York 2010)
- Hanly v. Quaker Chemical Co. (Appellate Division of the Supreme Court of New York 2006)
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
Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered October 21, 2004, which, in an action for wrongful death
The affidavit of plaintiffs expert is sufficient to raise an issue of fact not only as to whether Recochem’s labeling of the can of lacquer thinner deviated from certain industry standards and provisions of the federal Hazardous Substance Act, but also as to whether any such deviation was a proximate cause of the flash fire. A jury could reasonably conclude, on the basis of the warnings that the expert asserts should have been included on the label, that the warnings that were included were inadequate and inconspicuous. Under such circumstances, a manufacturer who provides insufficient warnings cannot avoid liability solely because the plaintiff did not read the warnings that were provided (Johnson v Johnson Chem. Co., 183 AD2d 64, 71 [1992]). The motion court also erred in holding that the Nose-worthy doctrine does not apply as against Recochem and Five Star (see Rivenburgh v Viking Boat Co., 55 NY2d 850 [1982]).
Upon reinstatement of the complaint as against Recochem and Five Star, we award the latter conditional indemnification against the former since “a seller or distributor of a defective product has an implied right of indemnification as against the manufacturer of the product” (Godoy v Abamaster of Miami, 302 AD2d 57, 62 [2003], lv dismissed 100 NY2d 614 [2003]). We affirm the denial of Morales’s motion for summary judgment since he admittedly was supervising the decedent’s work, and his deposition testimony does not eliminate issues of fact as to whether, inter alia, he had directed the decedent to use the lacquer thinner. Concur—Tom, J.P., Marlow, Williams, Gonzalez and Malone, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.