cornerstone rule in New York

2002We reverse. “[W]hether the action is pleaded in strict products liability, breach of warranty or negligence, it is a consumer’s burden to show that a defect in the product was a substantial factor in causing the injury” (Tardella v RJR Nabisco, 178 AD2d 737 ; see Santorelli v Apple & Eve, 282 AD2d 731, 732 ). “ ‘The cornerstone rule in products liability is that proof of mere injury furnishes no rational basis for inferring that the product was defective for its intended use.’ * * * The plaintiff must demonstrate, at a minimum, that her injuries are the direct result of the [product] applied *

1986"The cornerstone rule in products liability is that proof of mere injury furnishes no rational basis for inferring that the product was defective for its intended use” (Helene Curtis Indus. v Pruitt, 385 F2d 841, 853, cert denied 391 US 913 ).

2007The doctrine is applied circumspectly to tax assessment cases because, although a prior year’s valuation is of some relevance (see Vantage Petroleum, Bay Isle Oil Co. v Board of Assessment Review of Town of Babylon, 61 NY2d 695, 698 [1984]), “[i]t is of the essence of an assessment that it fixes value as of a certain time” and, accordingly, “[e]ach annual proceeding is separate and distinct from every other” (People ex rel.

2007Turning to collateral estoppel, a cornerstone of that doctrine is the notion of “fairness” (Matter of Halyalkar v Board of Regents of State of N.Y., 72 NY2d 261, 268 [1988]), and it has been characterized as “an elastic doctrine” that should not be “mechanically applied” (Staatsburg Water Co. v Staatsburg Fire Dist., 72 NY2d 147, 153 [1988]).

2007Turning to collateral estoppel, a cornerstone of that doctrine is the notion of “fairness” (Matter of Halyalkar v Board of Regents of State of N.Y., 72 NY2d 261, 268 [1988]), and it has been characterized as “an elastic doctrine” that should not be “mechanically applied” (Staatsburg Water Co. v Staatsburg Fire Dist., 72 NY2d 147, 153 [1988]).

2002We reverse. “[W]hether the action is pleaded in strict products liability, breach of warranty or negligence, it is a consumer’s burden to show that a defect in the product was a substantial factor in causing the injury” (Tardella v RJR Nabisco, 178 AD2d 737 ; see Santorelli v Apple & Eve, 282 AD2d 731, 732 ). “ ‘The cornerstone rule in products liability is that proof of mere injury furnishes no rational basis for inferring that the product was defective for its intended use.’ * * * The plaintiff must demonstrate, at a minimum, that her injuries are the direct result of the [product] applied *

2002We reverse. “[W]hether the action is pleaded in strict products liability, breach of warranty or negligence, it is a consumer’s burden to show that a defect in the product was a substantial factor in causing the injury” (Tardella v RJR Nabisco, 178 AD2d 737 ; see Santorelli v Apple & Eve, 282 AD2d 731, 732 ). “ ‘The cornerstone rule in products liability is that proof of mere injury furnishes no rational basis for inferring that the product was defective for its intended use.’ * * * The plaintiff must demonstrate, at a minimum, that her injuries are the direct result of the [product] applied *

1988Therefore, we find that the issue of the legality of defendant’s arrest should have been a cornerstone of the defense, in view of the fact that, if the arrest was held to be illegal, then the incriminating statements resulting from such an illegal arrest would have been suppressed, under the "fruit of the poisonous tree” doctrine (see, United States v Crews, 445 US 463, 471-473 [1980]; People v Dodt, 61 NY2d 408, 417 [1984]).

1988Therefore, we find that the issue of the legality of defendant’s arrest should have been a cornerstone of the defense, in view of the fact that, if the arrest was held to be illegal, then the incriminating statements resulting from such an illegal arrest would have been suppressed, under the "fruit of the poisonous tree” doctrine (see, United States v Crews, 445 US 463, 471-473 [1980]; People v Dodt, 61 NY2d 408, 417 [1984]).