TUESCA v. RANDO MACH. CORP.


226 A.D.2d 157 (1996)

640 N.Y.S.2d 106

Cesar Tuesca, Appellant, v. Rando Machine Corp., Respondent and Third-Party Plaintiff, et al., Defendant. American White Cross Laboratories, Third-Party Defendant-Respondent

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

April 9, 1996


Defendant Rando manufactured a fiber processing machine known as an "even feed". Plaintiff, an employee of American White Cross Laboratories, was injured while attempting to clear cotton, which had jammed in the machine, with a pipe. Although plaintiff had turned the machine off before attempting to clear the cotton, apparently someone had inadvertently turned it on again.

The IAS Court granted defendant summary judgment after finding that there was a substantial...

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