Van Slyke v. Niagara Mohawk Power Corp.
Cases that cite this one
10 later published cases cite this decision.
- Callovi v. Olympia & York Battery Park Co. (District Court, S.D. New York 1987)
- Carmody v. ADM Milling Co. (District Court, N.D. New York 1987)
- Staples v. Town of Amherst (Appellate Division of the Supreme Court of New York 1989)
- Yaeger v. New York Telephone Co. (Appellate Division of the Supreme Court of New York 1989)
- Dougherty v. State (Appellate Division of the Supreme Court of New York 1985)
- Aruck v. Xerox Corp. (New York Supreme Court 1989)
- Gregory v. General Electric Co. (Appellate Division of the Supreme Court of New York 1987)
- Bland v. Manocherian (N.Y. 1985)
- Smith v. People (Appellate Division of the Supreme Court of New York 1985)
- Mack v. Altmans Stage Lighting Co. (Appellate Division of the Supreme Court of New York 1984)
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
OPINION OF THE COURT
Memorandum.
On plaintiff’s appeal in appeal No. 1, the order of the Appellate Division, insofar as appealed from, should be affirmed, with costs.
We agree with the Appellate Division that plaintiff’s design defect cause of action must fail for lack of proof that defendant General Cable Corp. had reason to know of the increased danger by virtue of the operator’s storage of a tool in a particular manner (see Robinson v Reed-Prentice, 49 NY2d 471, 479; Micallef v Miehle Co., 39 NY2d 376, 386).
On plaintiff’s appeals in appeals Nos. 2, 3 and 4, appeals dismissed, without costs, upon the ground that plaintiff is not a party aggrieved by the orders of the Appellate Division (CPLR 5511). On defendant General Cable Corp.’s cross appeal in appeal No. 4, cross appeal dismissed, without costs, on the court’s own motion, as academic.
Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye concur in memorandum.
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]):
On appeal No. 1, order, insofar as appealed from, affirmed, with costs.
On appeals Nos. 2, 3 and 4, plaintiff’s appeals dismissed, without costs.
On appeal No. 4, defendant General Cable Corporation’s appeal dismissed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.