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  5. 39 N.Y.2d 34 (1976)
 

ROCK v. REED-PRENTICE

39 N.Y.2d 34 (1976)

David G. Rock, Plaintiff, v. Reed-Prentice Division of Package Machinery Co., Defendant and Third-Party Plaintiff-Respondent. Westbury Plastics, Inc., Third-Party Defendant-Appellant, et al., Third-Party Defendant.

Court of Appeals of the State of New York.

Decided February 24, 1976.

Attorney(s) appearing for the Case

Raymond C. Green, Herbert Lasky, Francis Hugh McDermott and Leonard M. Schnitzer for third-party defendant-appellant.

William F. McNulty and Anthony J. McNulty for defendant and third-party plaintiff-respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, FUCHSBERG and COOKE concur.

WACHTLER, J.

Plaintiff David Rock was injured while operating a plastic molding machine at his place of employment. He sued the manufacturer of the machine, Reed-Prentice Division of Package Machinery Company, claiming (1) negligence in the manufacture of the machine and (2) breach of implied warranty. Reed-Prentice in turn brought a third-party action against plaintiff's employer, Westbury Plastics, seeking ...

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