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Semenetz v. Sherling & Walden, Inc.

851 N.E.2d 1170 (2006)

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Semenetz v. Sherling & Walden, Inc.

Court of Appeals of New York

851 N.E.2d 1170 (2006)

Facts

Sean Semenetz, an infant, injured his hand on a sawmill manufactured by S & W Edger Works, Inc. (Edger Works). A few months after the injury, Edger Works sold most of its assets to Sawmills & Edgers, Inc. (Sawmills) (defendant). The purchase contract stated that Sawmills did not assume Edger Works’s liabilities. After the transaction Sawmills continued selling Edger Works sawmills and other products, and Edger Works changed its name to Sherling & Walden, Inc. (Sherling) (defendant). Bridget Semenetz (plaintiff), the injured party’s mother, brought a products-liability suit against Sawmills. The New York Supreme Court found that Sawmills was liable for Sean’s injury, because it had continued the output of Edger Works’s products. The appellate court reversed, finding that Sawmills was not liable. Semenetz appealed.

Rule of Law

Issue

Holding and Reasoning (Read, J.)

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