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Quvus v. Emeco Industries, Inc.

Citations: 222 A.D.2d 664; 635 N.Y.S.2d 670; 1995 N.Y. App. Div. LEXIS 13933

Court: Appellate Division of the Supreme Court of the State of New York; December 28, 1995; New York; State Appellate Court

Narrative Opinion Summary

In a personal injury damages case, the plaintiffs, Victor Quvus and others, appeal a judgment from the Supreme Court, Suffolk County, which granted summary judgment in favor of the defendant, Emeco Industries, Inc., dismissing the complaint. The court's decision was based on the lack of evidence demonstrating that the chair, from which Quvus fell, was defective in design or manufacture, a necessary criterion for a strict products liability claim. The plaintiffs had identified Emeco as the chair's manufacturer but relied on a speculative affidavit from their expert, which failed to establish a genuine issue of material fact. Consequently, the court affirmed the dismissal of the complaint and also upheld the denial of the plaintiffs’ motion to resettle the judgment. The respondent, Emeco Industries, Inc., was awarded one bill of costs. Justices Sullivan, Balletta, Miller, and O’Brien concurred with the decision.

Legal Issues Addressed

Award of Costs

Application: The respondent, Emeco Industries, Inc., was awarded costs following the dismissal of the complaint.

Reasoning: The respondent, Emeco Industries, Inc., was awarded one bill of costs.

Denial of Motion to Resettle Judgment

Application: The court upheld the denial of the plaintiffs’ motion to resettle the judgment, affirming the original decision to dismiss the complaint.

Reasoning: Consequently, the court affirmed the dismissal of the complaint and also upheld the denial of the plaintiffs’ motion to resettle the judgment.

Strict Products Liability

Application: The court dismissed the complaint due to lack of evidence showing that the chair was defective in design or manufacture, which is required for a strict products liability claim.

Reasoning: The court's decision was based on the lack of evidence demonstrating that the chair, from which Quvus fell, was defective in design or manufacture, a necessary criterion for a strict products liability claim.

Summary Judgment

Application: The court granted summary judgment in favor of the defendant because plaintiffs failed to present sufficient evidence to establish a genuine issue of material fact.

Reasoning: The plaintiffs had identified Emeco as the chair's manufacturer but relied on a speculative affidavit from their expert, which failed to establish a genuine issue of material fact.