United States Second Circuit

In a tort action based on injuries sustained by Plaintiff while operating a machine that Defendant-Employer purchased used from a third party, summary judgment for Defendant is affirmed where Defendant could not be held strictly liable because it was a "casual" or "occasional" seller of the machine at issue, not an "ordinary" or "regular" seller.

Appellate Information

• Decided 06/18/2009
• Published 06/18/2009

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.