MONTUFAR v. SHIVA AUTOMATION SERVICE


256 A.D.2d 607 (1998)

683 N.Y.S.2d 125

JOSE MONTUFAR, Respondent, v. SHIVA AUTOMATION SERVICE, Defendant, and DUKANE CORPORATION, Appellant. (And a Third-Party Action.)

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

Decided December 31, 1998.


Ordered that the order is affirmed, with costs.

The appellant's motion for summary judgment was based essentially on its claim that it was shielded from liability to the plaintiff because the plaintiff's employer had substantially modified the machine in question in such a way as to allow certain safety features to be bypassed. The Supreme Court denied the motion, finding that there was a question of fact "as to whether the [appellant], when it learned that plaintiff...

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