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PICHARDO v. C.S. BROWN COMPANY, INC.

35 A.D.3d 303 (2006)

827 N.Y.S.2d 131

LUIS PICHARDO et al., Appellants-Respondents, v. C.S. BROWN COMPANY, INC., Respondent-Appellant, and MTD PRODUCTS, INC., Respondent.

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

Decided December 28, 2006.

It is well settled that a manufacturer is not responsible for injuries resulting from substantial alterations to or modifications of a product by a third party that render the product defective or otherwise unsafe (Robinson v Reed-Prentice Div. of Package Mach. Co., 49 N.Y.2d 471, 475 [1980]), except where the product is purposefully manufactured to permit or encourage its use without a designed safety feature (see Lopez v Precision...

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