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Van Slyke v. Niagara Mohawk Power Corp.

60 N.Y.2d 774 Court N.Y. Decision date 1983-10-20 Docket Appeal No. 1; Appeals Nos. 2, 3, 4 English

Contents

Majority

p. 774
David Van Slyke, Appellant, v Niagara Mohawk Power Corporation et al., Respondents. Niagara Mohawk Power Corporation, Third-Party Plaintiff, v New York Telephone Company, Third-Party Defendant. General Cable Corporation, Third-Party Plaintiff-Appellant, v New York Telephone Company, Third-Party Defendant-Respondent.
(Appeal No. 1.) (And Three Other Similarly Titled Actions. Appeals Nos. 2, 3, 4.)
Decided October 20, 1983
p. 777
APPEARANCES OF COUNSEL
Richard D. Ryan for plaintiff-appellant.
Douglas H. Young for Niagara Mohawk Power Corporation, respondent.
Hilbert I. Greene for General Cable Corporation, respondent and third-party plaintiff-appellant.
John F. Gates for New York Telephone Company, third-party defendant-respondent.

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.

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