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SUKLJIAN v. ROSS & SON CO.

116 A.D.2d 9 (1986)

Nubar Sukljian, Individually and as Parent and Natural Guardian of Moses Sukljian, an Infant, Plaintiff, v. Charles Ross & Son Company, Inc., Defendant, and K.M. Equipment Corporation, Defendant and Third-Party Plaintiff-Respondent-Appellant. Alex Zeeve & Company, Inc., et al., Third-Party Defendants-Respondents; Commercial Equipment and Machinery Company, Third-Party Defendant-Respondent-Appellant; General Electric Company, Third-Party Defendant-Appellant-Respondent. (And Fourth- and Fifth-Party Actions.)

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

March 6, 1986

Attorney(s) appearing for the Case

Hesson, Ford, Sherwood & Whalen (Michael J. Hutter and H. Neal Conolly of counsel), for K.M. Equipment Corporation and another, defendant and third-party plaintiff-respondent-appellant.

Ainsworth, Sullivan, Tracy & Knauf (Frank J. Warner, Jr., of counsel), for defendant.

Lyons & Duncan (Condon A. Lyons of counsel), for third-party defendant-respondent-appellant.

Donohue, Donohue & Sabo, P. C. (Fred J. Hutchison of counsel), for third-party defendant-appellant-respondent.

WEISS and YESAWICH, JR., JJ., concur with CASEY, J.; KANE, J. P., and HARVEY, J., concur in part and dissent in part in an opinion by HARVEY, J.

CASEY, J.

On February 26, 1978, while employed at Ardex Corporation, a corporation owned by his father, plaintiff's son injured his hand in the rollers of a high speed machine which he was then attempting to clean. Consequently, plaintiff sued defendant Charles Ross & Son Company, Inc. (Ross & Son), the manufacturer of the machine, and defendant K.M. Equipment Corporation (K.M.), the immediate seller...

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