Victorson v. Bock Laundry Machine Co.

37 N.Y.2d 395, 373 N.Y.S.2d 39, 335 N.E.2d 275 (1975)

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Nature Of The Case

This section contains the nature of the case and procedural background.

Facts

These three cases arise out of claims asserted against D of an allegedly defective product. The theory of liability is under strict products liability. D marketed a centrifuge extractor for use in apartment house laundry rooms and commercial laundromats to spin water out of laundry after washing and preparatory to its being placed in a dryer. In Victorson (P), the extractor was sold in 1948, and the injury occurred in 1969; in Rivera (P), the sale was in 1959, the injury in 1967; and in Brown (D), the sale was in 1955, and the injury in 1965. All the courts ruled against D, and D appealed. The Appellate Division affirmed all three cases, holding that the date of the injury was when the limitations period ran. D appealed. D argues that the claims were barred by the statute of limitations for contracts, claiming that it would be unfair to hold D responsible for a product defect that manifested itself many years after the products had been manufactured and sold.

Issues

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Rule Of Law

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Holding & Decision

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Legal Analysis

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