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SULLIVAN v. JOY MFG. CO.

70 N.Y.2d 806 (1987)

Thomas E. Sullivan et al., Appellants, v. Joy Manufacturing Company et al., Defendants, and J. W. Greer Company, Respondent.

Court of Appeals of the State of New York.

Decided November 10, 1987.

Attorney(s) appearing for the Case

Frank S. Kedzielawa and Helen Dempsey for appellants.

John P. Cox for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Plaintiff Thomas Sullivan, an employee of Dunkirk Ice Cream Company, was severely injured on November 3, 1976 when a five-foot long ice chopper he was using to remove bent trays from an ice cream hardening machine struck the blade of one of the cooling fans used in connection with the machine. Although the machine was "down" at the time...

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