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BAKER v. MICRO SWITCH

197 A.D.2d 933 (1993)

602 N.Y.S.2d 485

Donald R. Baker, Respondent, v. Micro Switch, a Division of Honeywell, Inc., et al., Defendants, and Allenbradley Company, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

October 1, 1993

Order unanimously affirmed with costs.

Memorandum:

Plaintiff was injured in 1984 while operating a punch press. The complaint and answers to interrogatories based the liability of Allen-Bradley Company (defendant) upon its manufacture of an allegedly defective motor starter in the punch press. Disclosure yielded no facts supporting that theory, but depositions of defendant's employees in August 1992 revealed that defendant had also manufactured the foot pedal...

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