New York Court of Appeals
Elijah Speller, by His Guardian, Stacy Miller, Appellants v. Sears, Roebuck and Co., Respondents, Et…
May 6, 2003100 N.Y.2d 38
Summary
The New York Court of Appeals reversed the Appellate Division’s grant of summary judgment and reinstated the complaint, holding that the plaintiffs raised a triable issue of fact as to whether a defective refrigerator caused the house fire. The court affirmed that circumstantial evidence can satisfy the plaintiff’s burden in a products‑liability case when the plaintiff excludes all other causes.