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Giustino v. Hollymatic Corporation

Appellate Division of the Supreme Court of New York, First Department
Mar 1, 1994
202 A.D.2d 161 (N.Y. App. Div. 1994)

Summary

finding defendant could not be liable in negligence where plaintiff failed to demonstrate that defendant was negligent in making any of the requested repairs, or that defendant had a contract with plaintiff's employer for routine or systematic maintenance of the machine, stating, “[defendant] as an independent repairer/contractor, had no duty to install safety devices or warn plaintiff's employer of any purported defect.”

Summary of this case from Alley Sports Bar, LLC v. SimplexGrinnell, LP

Opinion

March 1, 1994

Appeal from the Supreme Court, Bronx County (Alan Saks, J.).


Plaintiff has submitted no evidence which would demonstrate that the defendant Siegmeister was negligent in making any of the requested repairs to the meat compressing machine which caused plaintiff's injury, and in the absence of any evidence that Siegmeister had a contract with plaintiff's employer for routine or systematic maintenance of the machine, Siegmeister as an independent repairer/contractor, had no duty to install safety devices or to warn plaintiff's employer of any purported defect (Ayala v. V O Press Co., 126 A.D.2d 229, 235-236, citing Vermette v. Kenworth Truck Co., 68 N.Y.2d 714, 717). Absent such duty or other proof of negligence, summary judgment was properly granted.

Concur — Murphy, P.J., Sullivan, Carro, Wallach and Tom, JJ.


Summaries of

Giustino v. Hollymatic Corporation

Appellate Division of the Supreme Court of New York, First Department
Mar 1, 1994
202 A.D.2d 161 (N.Y. App. Div. 1994)

finding defendant could not be liable in negligence where plaintiff failed to demonstrate that defendant was negligent in making any of the requested repairs, or that defendant had a contract with plaintiff's employer for routine or systematic maintenance of the machine, stating, “[defendant] as an independent repairer/contractor, had no duty to install safety devices or warn plaintiff's employer of any purported defect.”

Summary of this case from Alley Sports Bar, LLC v. SimplexGrinnell, LP
Case details for

Giustino v. Hollymatic Corporation

Case Details

Full title:LUIGI GIUSTINO et al., Appellants, v. HOLLYMATIC CORPORATION et al.…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 1, 1994

Citations

202 A.D.2d 161 (N.Y. App. Div. 1994)
608 N.Y.S.2d 179

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