New York Court of Appeals
Frank Halloran, Respondents v. Virginia Chemicals Incorporated, Appellant, and a & E Auto Glass & Service…
February 22, 197741 N.Y.2d 386
Summary
The Court reversed the Appellate Division and remanded for a new trial, holding that a plaintiff may infer a defect in a product even without proving a specific defect, that habit evidence of a defendant’s regular practice is admissible to prove negligence on the occasion, and that Virginia Chemicals properly preserved its objection to the exclusion of that evidence. The third‑party complaint dismissal was affirmed.