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Schuler v. S & S Corrugated Paper Machinery Co.
832 N.Y.S.2d 708
N.Y. App. Div.
2007
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Donald P. Schuler et al., Appellants-Respondents, v S & S Corrugated Paper Machinery Co. et al., Defendants, Don Mowry Flexo, Inc., Respondent-Appellant, and Valco Cincinnati, Inc., Respondent. Don Mowry Flexo, Inc., Third-Party Plaintiff-Appellant, v Copar Corp., Third-Party Defendant-Respondent, et al., Third-Party Defendant.

Appellate Division of the Supreme Court of the State of New York, Fourth Department

2007

832 N.Y.S.2d 708

Appeal and cross appeal from an order of the Supreme Court, Niagara County (Ralph A. Boniello, III, J.), entered May 12, 2006 in a personal injury action. The order granted the motion of defendant Valco Cincinnati, Inc. for summary judgment dismissing the complaint and cross claims against it, granted the motion of third-party defendant Copar Corp. for summary judgment dismissing the third-party complaint against it and denied in part the motion of defendant-third-party plaintiff for summary judgment.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: We affirm for reasons stated in the decision at Supreme Court. We add only that defendant Valco Cincinnati, Inc. (Valco) established its entitlement to judgment as a matter of law by establishing that its component parts were not defective and did not contribute to the accident involving plaintiff Donald P. Schuler (see e.g. Jones v W + M Automation, Inc., 31 AD3d 1099 [2007], lv denied 8 NY3d 802; Hothan v Herman Miller, Inc., 294 AD2d 333, 333-334 [2002]; Ayala v V & O Press Co., 126 AD2d 229, 234-235 [1987]). Although Valco would periodically make repairs to its component parts on the machine at issue, we conclude that, in the absence of a routine maintenance contract or other ongoing relationship requiring Valco to service the machine, Valco had no duty to inspect the machine or to warn about defects “unrelated to the problem that it was summoned to correct” (Rutherford v Signode Corp., 11 AD3d 922, 923 [2004], lv denied 4 NY3d 702 [2005]; cf. Dauernheim v Lendlease Cars, 238 AD2d 462, 463 [1997]). Present—Gorski, J.P., Martoche, Smith, Lunn and Pine, JJ.

Case Details

Case Name: Schuler v. S & S Corrugated Paper Machinery Co.
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Mar 16, 2007
Citation: 832 N.Y.S.2d 708
Court Abbreviation: N.Y. App. Div.
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