RUTHERFORD v. SIGNODE CORP.


11 A.D.3d 922 (2004)

783 N.Y.S.2d 735

RODNEY RUTHERFORD et al., Respondents, v. SIGNODE CORPORATION et al., Appellants.

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

October 1, 2004.


It is hereby ordered that the order insofar as appealed from be and the same hereby is unanimously reversed on the law without costs, the motions are granted in their entirety and the amended complaint is dismissed.

Memorandum:

Plaintiffs commenced this action seeking damages for injuries sustained by Rodney Rutherford (plaintiff) while operating an air-powered combination banding tool at the tire plant where he was employed. The tool was manufactured by defendant...

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