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SHEPPARD v. SMITH WELL

93 A.D.2d 474 (1983)

Gerald B. Sheppard, Appellant-Respondent, v. Charles A. Smith Well Drilling and Water Systems, Respondent, and Smeal Manufacturing Company, Inc., Respondent-Appellant

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

May 12, 1983

Attorney(s) appearing for the Case

Appelbaum & Eisenberg (Bertram W. Eisenberg of counsel), for appellant-respondent.

Ingber, Lagarenne, Meltzer & Dubois (Lawrence E. Lagarenne of counsel), for respondent-appellant.

Cline, MacVean, Lewis & Sherwin (Monte J. Rosenstein of counsel), for respondent.

KANE, J. P., MAIN and MIKOLL, JJ., concur with LEVINE, J.; YESAWICH, JR., J., concurs in a separate opinion.

LEVINE, J.

Plaintiff originally commenced this action against defendant Charles A. Smith Well Drilling and Water Systems (Smith) in a complaint grounded in negligence for serious personal injuries arising out of an accident which occurred during a visit at Smith's business premises and workshop on December 17, 1980. At the time of the accident, Smith was operating a derrick, or hoist device, manufactured by defendant...

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