BALLARD v. BILLINGS & SPENCER CO.


36 A.D.2d 71 (1971)

Linzie Ballard, Appellant-Respondent, v. Billings & Spencer Co., Respondent; United Greenfield Corporation et al., Appellants

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

February 18, 1971.


Attorney(s) appearing for the Case

Charles D. Brown (Sheldon Hurwitz and Terry Smith of counsel), for United Greenfield Corporation and another, appellants.

Garvey, Magner & Sullivan (James A. Garvey of counsel), for Linzie Ballard, appellant-respondent.

Adams, Brown, Starrett & Maloney (Robert J. Connelly of counsel), for Billings & Spencer Co., respondent.

GOLDMAN, P. J., MARSH, GABRIELLI and MOULE, JJ., concur.


WITMER, J.

This appeal involves a practice question and a determination of the applicability herein of the CPLR. The action arises out of an eye injury suffered by plaintiff when a two-pound metal ballpeen hammer he was using splintered. Plaintiff alleges that defendant, United Greenfield Corporation (United), or its subsidiary, sold the hammer to his employer, and that the defendant, Billings & Spencer Co...

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