WARD v. LITHIBAR-MATIK, INC.


6 A.D.3d 424 (2004)

774 N.Y.S.2d 341

PHILIP WARD et al., Appellants, v. LITHIBAR-MATIK, INC., Respondent. (And a Third-Party Action.)

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

April 5, 2004.


Ordered that the order is affirmed, with costs.

The plaintiff Philip Ward was injured while operating a "depallator" machine that was delivered to Montford Brothers, Inc., by the manufacturer Builders Equipment Company (hereinafter BECO). His hand was crushed when he reached into the depallator to dislodge a concrete block that became stuck after another block fell into a gap between the depallator and a turnover/splitter machine, which was manufactured and installed...

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