Lopez v. Precision Papers, Inc.
Cases that cite this one
60 later published cases cite this decision. The 25 that cite it most often are listed here.
- Colon Ex Rel. Molina v. Bic USA, Inc. (District Court, S.D. New York 2001)
- Liriano v. Hobart Corp. (2d Cir. 1998)
- Luis Liriano v. Hobart Corporation (2d Cir. 1998)
- Guard Insurance Group, Inc. ex rel. Baxter v. Techtronic Industries Co. (District Court, W.D. New York 2015)
- Cacciola v. Selco Balers, Inc. (District Court, E.D. New York 2001)
- Tannebaum v. Yale Materials Handling Corp. (District Court, D. Maryland 1999)
- Kromer v. Beazer East, Inc. (District Court, W.D. New York 1993)
- Hart v. Hytrol Conveyor Co., Inc. (District Court, N.D. New York 1993)
- Patino v. Lockformer Co. (Appellate Division of the Supreme Court of New York 2003)
- Klein v. Hyster Co. (Appellate Division of the Supreme Court of New York 1998)
- Alvarado v. Otto Martin Maschinebau Gmbh & Co. (Appellate Division of the Supreme Court of New York 1997)
- Tuesca v. Rando Machine Corp. (Appellate Division of the Supreme Court of New York 1996)
- Aviles v. Eagle Picher Corp. (Appellate Division of the Supreme Court of New York 1990)
- Darsan v. Guncalito Corp. (Appellate Division of the Supreme Court of New York 1989)
- Amatulli v. Delhi Construction Corp. (Appellate Division of the Supreme Court of New York 1989)
- Sage v. Fairchild-Swearingen Corp. (N.Y. 1987)
- Singh v. Gemini Auto Lifts, Inc. (Appellate Division of the Supreme Court of New York 2016)
- Barclay v. Techno-Design, Inc. (Appellate Division of the Supreme Court of New York 2015)
- Barclay v. Techno-Design, Inc. (Appellate Division of the Supreme Court of New York 2015)
- Hoover v. New Holland North America, Inc. (N.Y. 2014)
- Wallace v. Sitma U.S.A., Inc. (Appellate Division of the Supreme Court of New York 2010)
- Pichardo v. C.S. Brown Co. (Appellate Division of the Supreme Court of New York 2006)
- Birriel v. F.L. Smithe Machine Co. (Appellate Division of the Supreme Court of New York 2005)
- Fernandez v. Mark Andy, Inc. (Appellate Division of the Supreme Court of New York 2004)
- Felle v. W.W. Grainger, Inc. (Appellate Division of the Supreme Court of New York 2003)
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.
The order of the Appellate Division should be affirmed, with costs.
The record presents triable issues of fact concerning whether the forklift, as marketed with an attached but removable overhead safety guard, was "not reasonably safe” (Voss v Black & Decker Mfg. Co., 59 NY2d 102, 108) for the uses intended or reasonably anticipated by the manufacturer (see, Micallef v Miehle Co., 39 NY2d 376, 385-386).
As correctly noted by the Appellate Division in denying defendant’s motion for summary judgment (CPLR 3212), this court’s holding in Robinson v Reed-Prentice Div. (49 NY2d 471) does not compel a different result. In contrast with the detaching of the removable safety guard in this case, Robinson involved "[mjaterial alterations [i.e., cutting a 6-inch by 14-inch access hole in the safety gate of a plastic molding machine] which work[ed] a substantial change in the condition in which the product was sold by destroying the functional utility of a key safety feature” (49 NY2d, at p 481). There is evidence in this record that the forklift was purposefully manufactured to permit its use without the safety guard.
Chief Judge Wachtler and Judges Meyer, Simons, Kaye, Alexander and Hancock, Jr., concur; Judge Titone taking no part.
Order affirmed, with costs, in a memorandum. Question certified answered in the affirmative.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.