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LaFONTANT v. HOLLYMATIC CORP.

215 A.D.2d 444 (1995)

626 N.Y.S.2d 267

Victor LaFontant, Respondent, v. Hollymatic Corp., Defendant and Third-Party Plaintiff-Appellant. Wilton Caterers, Inc., Third-Party Defendant

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

May 8, 1995

Ordered that the order is affirmed insofar as appealed from, with costs.

In the course of her employment by Wilton Caterers, Inc., the plaintiff caught hamburger patties as they fell from a Super Model 54 Food Portioning Machine which was manufactured by the appellant. The plaintiff then placed the patties on a tray. As manufactured, the machine had a wire guard covering the top of the operational part of the machine and the underside of the guard had an opening which...

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