BARNES v. PINE TREE MACH.


245 A.D.2d 19 (1997)

664 N.Y.S.2d 450

John H. Barnes et al., Appellants, v. Pine Tree Machinery, Defendant, and Timpson Trading Corp., Respondent. (And a Third- and Second Third-Party Action.)

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

December 4, 1997


The IAS Court correctly held that defendant's limited involvement in facilitating the sale of the allegedly defective machine that caused plaintiff's injury, a one-time situation in which defendant effectively brokered the sale of the machine from a previous owner to plaintiff's employer, imposed no duty upon defendant to make sure the machine was safe or to warn about potential hazards "that [were] not obvious or readily discernible" (Sukljian v Ross & Son Co.

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