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ERNEST v. S.M.S. ENG'G, INC.

223 A.D.2d 801 (1996)

635 N.Y.S.2d 799

Jay Ernest et al., Appellants, v. S.M.S. Engineering, Inc., Formerly Known as Sutton Engineering Company, Respondent, et al., Defendant

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

January 4, 1996

Crew III, J.

At all times relevant to this appeal, plaintiff Jay Ernest (hereinafter plaintiff) was employed by Al-Tech Industrial Steel Facility located in the City of Watervliet, Albany County. In 1966, Al-Tech's predecessor purchased a 20 SD Sutton 5 Roll Straightener from Sutton Engineering Company, the predecessor to defendant S.M.S. Engineering, Inc. (hereinafter defendant). The machine was used to straighten...

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