SCHULER v. S & S CORRUGATED PAPER MACHINERY CO.


38 A.D.3d 1345 (2007)

832 N.Y.S.2d 708

DONALD P. SCHULER et al., Appellants-Respondents, v. S & S CORRUGATED PAPER MACHINERY CO. et al., Defendants, DON MOWRY FLEXO, INC., Respondent-Appellant, and VALCO CINCINNATI, INC., Respondent. DON MOWRY FLEXO, INC., Third-Party Plaintiff-Appellant, v. COPAR CORP., Third-Party Defendant-Respondent, et al., Third-Party Defendant.

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

Decided March 16, 2007.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

We affirm for reasons stated in the decision at Supreme Court. We add only that defendant Valco Cincinnati, Inc. (Valco) established its entitlement to judgment as a matter of law by establishing that its component parts were not defective and did not contribute to the accident involving plaintiff Donald P. Schuler (see e.g. Jones...

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