Tompkins v. Trailer Stake Co., 131 A.D.3d 1163 (N.Y. App. Div. 2015). · Go Syfert
Tompkins v. Trailer Stake Co., 131 A.D.3d 1163 (N.Y. App. Div. 2015). Cases Citing This Book View Copy Cite
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N.Y. App. Div. · 2025 · confidence medium
Here, accepting the church's factual allegations as true, the allegations in the amended complaint were sufficient to allege a material misrepresentation of fact, as the amended complaint alleged that (1), in the SPA, Thor Livingston falsely promised that it would imminently complete the subdivision and thereafter, would immediately reconvey the church unit to the church, (2) that Thor Livingston falsely represented that it waived its rights to perform shoring and footing work in the basement and thereafter, coerced the church into entering the development agreement, and (3) that Thor Livingst…
cited Cited as authority (rule) Open Door Foods, LLC v. Pasta MacHines, Inc.
N.Y. App. Div. · 2016 · confidence medium
Realty, 57 NY2d 1038, 1041 [1982]; Vision Accomplished, Inc. v Lowe Props., LLC, 131 AD3d 1163, 1164 [2015]; Neckles Bldrs., Inc. v Turner, 117 AD3d 923 , 925-926 [2014]).
Retrieving the full opinion text from the archive…
Kevin Tompkins Et Al., Respondents,
v.
Trailer Stake Co. Et Al., Defendants, and Allen Cabinets, Inc. Appellant. (And a Third-Party Action.)
2014-06894.
Appellate Division of the Supreme Court of the State of New York.
Sep 23, 2015.
131 A.D.3d 1163
Mastro, Cohen, Maltese, Barros.
Cited by 1 opinion  |  Published

In an action tore-cover damages for personal injuries, etc., the defendant Allen Cabinets, Inc., appeals from an order of the Supreme Court, Kings County (Schmidt, J.), entered May 27, 2014, which denied its motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against it. Ordered that the order is affirmed, with costs.

The plaintiff Kevin Tompkins allegedly sustained injuries while working on a truck when one of the upright wooden stakes surrounding the bed of the truck broke, causing him to fall to the ground and hit his head. The plaintiffs commenced this action against, among others, the defendant Allen Cabinets, Inc. (hereinafter Allen Cabinets), alleging that it manufactured the stake. Allen Cabinets moved for summary judgment dismissing the complaint and all cross claims insofar as asserted against it on the ground that it did not manufacture the stake. The Supreme Court denied the motion.

Allen Cabinets failed to demonstrate, prima facie, that it did not manufacture the subject stake. Its evidentiary submissions failed to establish that there was no reasonable probability that it manufactured the stake (see Healey v Firestone Tire & Rubber Co., 87 NY2d 596, 601 [1996]; Ebenezer Baptist Church v Little Giant Mfg. Co., Inc., 28 AD3d 1173, 1174 [2006]; Surdo v Albany Collision Supply, Inc., 8 AD3d 655, 655 [2004]). Accordingly, the Supreme Court properly denied Allen Cabinets’ motion for summary judgment, regardless of the sufficiency of the plaintiffs’ opposition papers (see Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853 [1985]).

Mastro, J.P., Cohen, Maltese and Barros, JJ., concur.