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ADAMS v. GENIE INDUS., INC.

3303.

2008 NY Slip Op 06176

WALTER ADAMS, Plaintiff-Respondent, v. GENIE INDUSTRIES, INC., Defendant-Appellant. PRODUCT LIABILITY ADVISORY COUNCIL, INC., Amicus Curiae.

Appellate Division of the Supreme Court of New York, First Department.

Decided July 8, 2008.

Attorney(s) appearing for the Case

Wilson Elser Moskowitz Edelman & Dicker LLP, New York (Richard E. Lerner of counsel), for appellant.

Gentile & Associates, New York (Laura Gentile of counsel), and Gurfein Douglas LLP, New York (Richard Gurfein of counsel), for respondent.

Goldberg Segalla LLP, Buffalo (Neil A. Goldberg of counsel), for amicus curiae.

Before: Tom, J.P., Saxe, Nardelli, Williams, JJ.

In this products liability action, the trial court providently exercised its discretion in determining that plaintiff's expert, a licensed engineer whose experience included design and manufacture of industrial machines, including lifts, was qualified to testify as an expert on the design and safety of the compact personnel lifting machine, manufactured by defendant and sold to plaintiff's employer in June 1986 (see Edgewater Apts. v. Flynn, 216 A...

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