SPOONER v. SEARS, ROEBUCK & CO.


161 A.D.2d 103 (1990)

Steven Spooner et al., Respondents, v. Sears, Roebuck and Co., Appellant. (And a Third-Party Action.)

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

May 1, 1990


In 1982, plaintiff Steven Spooner, an employee in the maintenance department of third-party defendant Gracie Square Hospital, was vacuuming sawdust under a Sears 10-inch table-saw when the blade severed his left thumb. Plaintiff commenced this action alleging negligence, strict products liability and breach of warranty against the defendant.

In making its motion for summary judgment, defendant Sears assumed to be true the allegations by plaintiffs that the saw was...

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