Apple Service Diagnostic 258 PPC [NEW]
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Firefox 11 was released on March 13, 2012. Firefox 11 introduced many new features, including migration of bookmarks and history from Google Chrome,[45] SPDY integrated services, .mw-parser-output .vanchor>:target.vanchor-textbackground-color:#b1d2ffPage Inspector Tilt (3D View), Add-on Sync, redesigned HTML5 video controls, and the Style Editor (CSS).[46] The update also fixed many bugs, and improved developer tools.[47]
Firefox 44 was released on January 26, 2016, for desktop and Android. Among many additions are the improvement of warning pages for certificate errors and untrusted connections, enabling of H.264 and WebM/VP9 video support on systems that don't support MP4/H.264, support for the brotli compression format via HTTPS content-encoding, and the use of Android print service to enable cloud printing.[223][224] "Ask me every time" cookies option was removed without any notifications.[225]
Firefox 47 was released on June 7, 2016, for both desktop and Android. Among the many additions were support for Google's Widevine CDM on Windows and Mac OS X so streaming services like Amazon Video can switch from Silverlight to encrypted HTML5 video; enabling VP9 video codec for users with fast machines; the ability of embedded YouTube videos to play with HTML5 video if Flash is not installed; and the addition of the Latgalian language. It is also the last Firefox version to support Android 2.3.x.[260][261]
Firefox 70 was released on October 22, 2019, for desktop only. Among the additions were: more privacy protection from Enhanced Tracking Protection; more security protection from Firefox Lockwise; improvements to core engine components for better browsing on more sites; a stand-alone Firefox account menu for easy access to Firefox services like Monitor and Send; the dark mode preference for built-in Firefox pages; and inactive CSS.[457]
Firefox 105 was released on September 20, 2022, for desktop and Android. Among the many additions and removals were: an option to print only the current page from the print preview dialog; support for partitioned service workers in third-party contexts; a swipe to navigate (two fingers on a touchpad swiped left or right to perform history back or forward) on Windows; compliance with the User Timing L3 specification, which adds additional optional arguments to the performance.mark and performance.measure methods to provide custom start times, end times, duration, and attached details; faster searching in large lists for individual items, which replaces array.includes and array.indexOf with an optimized SIMD version; support for the Offscreen Canvas DOM API with full context and font support (desktop); and updated interface font to use the Android default font.[644][645]
It is further undisputed that plaintiff purchased the phone in new condition on September 5, 2014, and he had it repaired twice for a cracked screen prior to February 14, 2015. The two screen repairs were made by CPR on or about January 17, 2015 and on or about January 20, 2015, the last repair having been made approximately three weeks prior to the incident giving rise to this action. CPR is not an authorized Apple-authorized service provider, and the replacement screens installed into plaintiff's phone were after-market parts not supplied by Apple.
Apple served interrogatories rather than demanding that plaintiff serve a Bill of Particulars. In response to Apple's interrogatories, plaintiff alleges that the phone was defective because it was not labeled with warnings about explosions and overheating, and Apple was negligent in failing to "engineer a safe product; . . . design a safe product; . . .manufacture a safe product, [and in] fail[ing] to give any warnings of overheating, exploding, or otherwise heating of the apple (sic) device in question."
Apple also claims that plaintiff does not allege a failure to warn against it; however, if plaintiff did make such an allegation, Apple contends that it is entitled to summary judgment because Apple's advisement to consumers that failure to contact Apple or an Apple-authorized service center for repairs could result in fire, electric shock, injury or damage was adequate as a matter of law. Apple further maintains that it had no duty to warn CPR against misplacing a screw inside the phone.
Wagner involved medical and diagnostic tests performed upon an alleged injured person, not a quality control x-ray of an inanimate object. The Wagner court also referred to CPLR 4532-a in its decision, which provides for the admissibility of "graphic, numerical, symbolic or pictorial representation of the results of a medical or diagnostic procedure or test." The issue in that case was whether plaintiff was properly permitted to testify as to the contents of an inadmissible written report interpreting magnetic resonance imaging (MRI) films that were not in evidence. Here, there is no such medical or diagnostic test implication, and this Court declines to extend the Wagner holding to this type of x-ray. Furthermore, there is no evidence that Apple, which "makes hundreds of millions of phones" according to Mr. Pearson, "procured" the loss or destruction of the quality control x-ray in bad faith. His testimony establishes that it was simply part of the overall manufacturing process that the report of the numerous tests performed on each individual phone, not the raw data, would be saved. Accordingly, the secondary evidence consisting of Exhibit 10/manufacturing report is not absolutely barred from this Court's consideration upon the instant motion (see Schozer v. William Penn Life Insurance Company of New York, 84 NY2d 639 [1994]). Thus, this Court can consider Exhibit 10 as the manufacturing record for the iPhone registered to plaintiff, and the Court can consider any opinion evidence that relies, in part, on it.
Furthermore, it is undisputed that CPR is not an Apple-authorized service center. If CPR needs to consult a manual for a particular phone, including an iPhone 5c, CPR uses an online manual called "ifixit.com," which Vyas acknowledged is not an Apple manual. Mr. Vyas also acknowledged that he has not received any specific training from CPR corporate concerning the iPhone 5c. CPR does not use Apple replacement parts. Mr. Vyas testified that the screen used in the subject phone was sourced from a company called Wholesale Gadget Parts. After a repair [*9]is made by CPR, the only testing involved is to turn the phone on and test the functionality of the phone's buttons; there is no x-ray or other testing employed by CPR to ensure that loose parts are not left inside the phone's cavity. According to Mr. Vyas, ensuring that the correct screws go back into the correct places is left up to the diligence of the person performing the repairs. Mr. Vyas acknowledged that, if the screen is able to close, he would not know if there was a loose screw or a misplaced screw inside the phone. Mr. Vyas did not know whether he or one of two other technicians in his store performed the repairs on plaintiff's phone, and he did not know if whoever performed the screen replacements left a screw in any of the crevices inside the phone.
The language of the Apple warranty also expressly excludes damage caused by unauthorized third-party repairs. It states that opening the product may cause damage not covered by the warranty, including fire, electric shock, injury, and damage to the iPhone or other property, and that only Apple or an Apple-authorized provider should perform service on the phone. Furthermore, Apple disclaims the implied warranties of merchantability and of fitness for a particular purpose in conformance with New York's Uniform Commercial Code 2-316 permitting a seller to exclude the implied warranty of merchantability provided the language is explicit and the writing is conspicuous. Since Apple has made a prima facie showing that the phone was not defective in either manufacturing and design, the warranty claims must also fail.
As noted, the complaint does not allege a claim sounding in failure to warn. It is only through the plaintiff's responses to Apple's interrogatories that plaintiff alleges that the phone was defective because it was not labeled with warnings about explosions and overheating, and Apple was negligent in failing to "engineer a safe product; . . . design a safe product; . . manufacture a safe product, [and in] fail[ing] to give any warnings of overheating, exploding, or otherwise heating of the apple (sic) device in question."
Here, the Apple manual submitted upon the instant motion clearly specifies that Apple or an Apple-authorized user be contacted for service and/or repairs to the phone; therefore, any duty to warn that Apple may have had is satisfied by this language (Stimsonite, supra). Moreover, the User Manual contains an entire section entitled "Safety, Handling & Support," wherein warnings about handling the phone with care, repairing the phone by Apple or an Apple Authorized Service provider, and battery replacement explicitly warn of the danger of overheating, fire, electric shock, injury and damage (Exhibit 13, Manual, pp. 168-171). The fact that plaintiff admitted that he did not read the Manual or any of the other Apple documents attendant to the purchase of his phone either in print or online does not cast liability upon Apple.
Furthermore, it is not alleged that Apple had a duty to warn CPR of the dangers of puncturing a battery, for example, especially in light of Vyas' testimony that he had repaired numerous phones, including the iPhone 5c, over the years that he has been in business, and recognized the risks of compromising the battery (see Payne v. Quality Nozzle Co., 227 AD2d 603 [2d Dept 1996]). Moreover, the ifixit.com website upon which Mr. Vyas relied to repair the subject phone warned against accidental puncture of an iPhone battery; the message on the battery states that service should be performed only by an authorized service provider, and the battery also bears the printed message that there is a potential for fire or burning if the battery is disassembled, punctured, crushed, heated or burned. 153554b96e
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