Yun Tung Chow v. Reckitt & Colman, Inc., , (And Other Actions.)

Summary

The New York Court of Appeals reversed the Appellate Division’s grant of summary judgment on the plaintiffs’ defective‑design claim, holding that a defendant moving for summary judgment must show the product is reasonably safe for its intended use and that the defendants failed to make that showing. The opinion also notes that plaintiff’s mishandling does not alone bar a design claim. Justice Smith, in a concurring opinion, emphasized the procedural burden on moving parties under New York law.