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VOGEL v. BENWIL INDUSTRIES, INC.

267 A.D.2d 230 (1999)

699 N.Y.S.2d 493

DENNIS VOGEL, Respondent, v. BENWIL INDUSTRIES, INC., Defendant and Third-Party Plaintiff-Appellant, et al., Defendants. AUTO PLAZA NISSAN, INC., Third-Party Defendant-Appellant.

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

Decided December 6, 1999.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

The plaintiff seeks to recover damages for injuries he sustained as a result of the use of an allegedly defective automobile lift manufactured by the defendant Benwil Industries, Inc. (hereinafter Benwil). A third-party action was commenced by Benwil against the plaintiff's employer, Auto Plaza Nissan, Inc. (hereinafter Auto Plaza). During discovery, the plaintiff's expert, Stanley...

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