(DOWNLOAD) "Hector Rosado v. Proctor & Schwartz" by Court of Appeals of New York * eBook PDF Kindle ePub Free

eBook details

Title: Hector Rosado v. Proctor & Schwartz
Author : Court of Appeals of New York
Release Date : January 15, 1985
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 62 KB

Description

[66 N.Y.2d 21 Page 22] Opinion OF THE COURT In this products liability action, defendant and third-party plaintiff, Proctor & Schwartz, Inc. (Proctor), appeals from an order of the Appellate Division, First Department, which affirmed an order of the Supreme Court, New York County, granting a motion made by third-party defendant, Comet Fibers, Inc. (Comet), to dismiss a cause of action seeking indemnification. The issue is whether a manufacturer of a defective product may obtain indemnification from the purchaser where the sales contract contains a provision requiring the purchaser to install certain safety devices and the purchaser's employee, who is injured by the failure to properly install such devices, brings an action against the manufacturer predicated on the manufacturer's marketing of a machine that is not reasonably safe. We hold that indemnification may not be obtained in such circumstances.