N.Y. Appellate Court Reinstates Failure-to-Warn Claim in Straw Case

SYRACUSE, N.Y. - A New York appellate panel on April 28 reinstated a consumer's failure-to-warn claim against the seller of allegedly moldy straw bales, concluding that any pre-existing sensitivity was not dispositive and triable issues of fact remain. Martin v. Chuck Hafner's Farmers' Market, Inc., et al., 210 CA 05-01907 (N.Y. App. Div., 4th Dept.).

The New York Appellate Division, Fourth Department, used the same reasoning in affirming the trial court's June 27 denial of summary judgment on breach of implied warranty of merchantability and negligence and strict products liability for alleged manufacturing defect.

David Martin complained of severe …