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ZUNIGA v. KARL W. SCHMIDT & ASSOCS., INC.

208 A.D.2d 719 (1994)

617 N.Y.S.2d 502

Gabriel Zuniga, Appellant, v. Karl W. Schmidt & Associates, Inc., et al., Respondents. (And Third-Party Actions.)

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

October 17, 1994

Ordered that the order is affirmed, with costs to the respondent Karl W. Schmidt & Associates, Inc.

The defendant Karl W. Schmidt & Associates, Inc. (hereinafter Schmidt) manufactured and sold the conveyor which injured the plaintiff. It is uncontested that at the time the conveyor left the possession and control of Schmidt, it had a safety guard attached. This safety guard was subsequently removed by unknown persons. In its affidavit in support of the motion...

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