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FRASER v. STIHL INCORPORATED

286 A.D.2d 661 (2001)

730 N.Y.S.2d 124

KEVIN FRASER, Appellant-Respondent, v. STIHL INCORPORATED et al., Respondents, and FREEPORT EQUIPMENT SALES & RENTALS, INC., Respondent-Appellant. (And a Third-Party Action.)

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

Decided September 10, 2001.

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

The plaintiff allegedly was injured when a gasoline-powered saw he was using kicked back. The saw, which was manufactured by the defendant Andreas Stihl and distributed by the defendant Stihl Incorporated (hereinafter referred to collectively as the Stihl defendants), was designed to cut masonry products. The plaintiff's employer purchased the saw from the defendant...

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