McGAVIN v. HERRICK & COWELL CO.


118 A.D.2d 982 (1986)

Robert M. McGavin, Respondent, v. Herrick & Cowell Company, Defendant and Third-Party Plaintiff-Appellant. Chesebrough Witman, Third-Party Defendant-Respondent

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

March 20, 1986


Per Curiam.

In this products liability action, the question posed for our consideration is whether a machine manufactured by defendant was substantially modified by third-party defendant, the owner of the machine, so as to preclude any liability of defendant as a matter of law. In November 1978, plaintiff, an employee of third-party defendant, allegedly suffered serious injuries when his right hand came in contact with a saw blade of a rung sawing and chucking machine...

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