United States Second Circuit

In an appeal from summary judgment dismissing a strict liability action brought by injured worker plaintiff against defendant former owner of injuring machine, a question is certified to the New York Court of Appeals concerning when a seller of used machinery may be deemed a regular seller for purposes of New York's strict products liability law.

Appellate Information

• Decided 08/01/2008
• Published 08/01/2008

Judges

• PER CURIAM., Before WESLEY, LIVINGSTON, Circuit Judges, and COGAN, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• James Alexander Burke, Larkin, Axelrod, Ingrassia, & Tetenbaum, LLP, Newburgh, NY, for Plaintiff-Appellant.


• For Appellees:
  
• Kevin Burns, Goldberg Segalla, LLP, White Plains, NY, for Defendant-Cross-Claimant-Cross-Defendant-Appellee Weyerhaeuser Company.