Berkovich v. Judlau Contr., Inc.

Summary

The Appellate Division, First Department affirmed an order denying Kone, Inc. and Kone Elevators & Escalators of New York City's motion to compel the plaintiff to supplement interrogatory responses. The court held that a products liability plaintiff may proceed through circumstantial evidence and, where the plaintiff presently lacks knowledge of the specific defect, may testify under oath that the defect cannot yet be identified. The court noted that the plaintiff must promptly supplement his responses if he later obtains pertinent information.

Holdings

1. The interrogatory responses were not insufficient merely because plaintiff could not presently identify the specific defective component. A products liability claim may be proven by circumstantial evidence, and a plaintiff need not identify a specific defect when proceeding under the applicable circumstantial-evidence framework.
2. When a plaintiff presently lacks knowledge sufficient to identify the nature of a product defect, the plaintiff may testify to that lack of knowledge under oath and must promptly supplement the interrogatory answers if the pertinent information is later acquired.

Questions Presented

1. Whether plaintiff's interrogatory responses were insufficient because he could not identify the specific defect or component that allegedly caused the escalator to start unexpectedly.
2. Whether a products liability plaintiff who presently lacks knowledge of the specific defect may state that lack of knowledge under oath and supplement the interrogatory responses if pertinent information is later obtained.

Disposition

affirmed