Quirk & Bakalor

Vergara v. Scripps Howard, Inc.

261 A.D.2nd 302 (1st Dept. 1999)

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On appeal from a $2.8 million judgment the Appellate Division held that an industrial equipment manufacturer’s successor, which had a contract to maintain the equipment its predecessor sold, cannot be held liable because the end user’s modification of the equipment, rather than the manufacturer’s design, rendered the equipment unreasonably unsafe and the defendant had no notice that the end user made an unsafe modification to the equipment.


Timothy J. Keane