Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Plaintiff was injured while using a hammer purchased from defendant Sears, Roebuck & Company and manufactured by defendant Vaughan & Bushnell Mfg. Co. (Vaughan & Bushnell). A metal fragment broke away from the head of the hammer, piercing the abdomen of plaintiff and lodging in his liver. Plaintiff commenced this action alleging causes of action...
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