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BARNES v. PINE TREE MACHINERY

261 A.D.2d 295 (1999)

691 N.Y.S.2d 398

JOHN H. BARNES et al., Appellants, v. PINE TREE MACHINERY, Respondent, et al., Defendant. (And Other Actions.)

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

Decided May 25, 1999.

Plaintiff was injured when his hand was drawn into the wire stripping machine he was operating. For purposes of this appeal, we assume in plaintiff's favor that the machine had been rebuilt, and not merely repaired, by defendant Pine Tree. It is undisputed that, at the time of the injury, the safety guards installed by Pine Tree before it shipped the machine had been removed. The machine displayed a warning label stating "[d]o not operate this machine without a guard in place...

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