Guarino v. Mohawk Containers Co., Inc.

New York Court of Appeals

May 11, 1983

Versions:59 N.Y.2d 753

450 N.E.2d 239

463 N.Y.S.2d 433

1983 N.Y. LEXIS 3103

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

Plaintiff has failed to set forth any facts or circumstances from which it could be found that his use of defendant’s product was foreseeable, and accordingly summary judgment was properly granted. Inasmuch as plaintiff had deposed one of defendant’s officers and in the 17 months available had not indicated a desire for further disclosure, that he now asserts that he had not completed discovery does not interdict the grant of summary judgment (Chemical Bank v PIC Motors Corp., 58 NY2d 1023).

Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Fuchsberg and Meyer concur; Judge Simons taking no part.

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), . order affirmed, with costs, in a memorandum.