WALLACE v. SITMA U.S.A., INC.

2009-08019.

77 A.D.3d 918 (2010)

910 N.Y.S.2d 136

CURTIS WALLACE, Respondent, v. SITMA U.S.A., INC., Appellant.

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

Decided October 26, 2010.


Ordered that the order is reversed, on the law, with costs, and the defendant's motion for summary judgment dismissing the complaint is granted.

The defendant established its prima facie entitlement to judgment as a matter of law dismissing the plaintiff's cause of action alleging that he was injured as a result of a manufacturing defect in the machine he was operating, by demonstrating that the product was not defective when it left its control (see Mincieli v...

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