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Antonucci v. Emeco Industries, Inc.
Citations: 223 A.D.2d 913; 636 N.Y.S.2d 495; 1996 N.Y. App. Div. LEXIS 390
Court: Appellate Division of the Supreme Court of the State of New York; January 17, 1996; New York; State Appellate Court
An appeal was made by defendant Casey from an order by the Supreme Court, which denied their motion for summary judgment to dismiss a complaint filed by plaintiff Ugo Antonucci. The plaintiff sustained injuries after a swivel chair at his workplace flipped backward, causing him to fall and hit his head and shoulder. The plaintiff and his wife alleged damages based on strict products liability and breach of warranty, claiming that the defendant designed and manufactured the chair. The defendant sought summary judgment, arguing that the plaintiff could not identify the manufacturer or model of the chair involved in the incident. However, the court highlighted that the defendant, as the party seeking summary judgment, bore the burden of providing evidence to support its claim, which it failed to do. The defendant's reliance on the plaintiff's inability to prove the chair's manufacturer was insufficient, as it did not present affirmative evidence to demonstrate that it did not manufacture the chair. Additionally, the defendant claimed that there was no defect in the chair; however, it did not provide evidence showing that the chair was free of defects when it left the defendant's control. Instead, the expert testimony indicated that chairs manufactured by the defendant could become unstable if the tension adjustment was improperly set, suggesting a design defect that could foreseeably cause harm. Consequently, the Supreme Court's order denying the defendant's motion for summary judgment was upheld, with costs awarded to the plaintiff.