Order unanimously reversed on the law without costs, motion granted and complaint dismissed.
Memorandum:
In 1973, defendant's predecessor designed for and sold to the predecessor of third-party defendant an apple-sizing machine. As designed, the moving parts of the machine were more than six feet off the ground. Further, apples traveled through the machine in three conveyor lanes with openings between them. If apples became jammed, the excess apples would...
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