BURNS v. HAINES EQUIPMENT, INC.


284 A.D.2d 922 (2001)

726 N.Y.S.2d 516

PEGGIE BURNS, Appellant, v. HAINES EQUIPMENT, INC., et al., Respondents.

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

Decided June 8, 2001.


Order unanimously affirmed without costs.

Memorandum:

Plaintiff was injured when her right thumb was caught in an exposed moving chain of the loading machine that she was operating. The loading machine was manufactured by defendant Haines Equipment, Inc. (Haines), owned by defendant Lynn Schafer, d/b/a Hill Range Farm, and leased by third-party defendant Ronald Kern and Sons, plaintiff's employer.

Schafer moved for summary judgment dismissing the complaint...

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