MEDINA v. BIRO MFG. CO.

4257. 158120/12. 590292/13.

151 A.D.3d 535 (2017)

2017 NY Slip Op 04800

57 N.Y.S.3d 35

CARLOS MEDINA, Respondent, v. BIRO MANUFACTURING COMPANY et al., Appellants, et al., Defendant. (And a Third-Party Action.).

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

Decided June 13, 2017.


Plaintiff was injured when the blade of a meat-cutting bandsaw he was operating at his place of employment allegedly dislodged and fell on his left hand. Plaintiff testified that the blade faced the right and that he was pushing the meat from right to left through the blade and grabbing it with his left hand from the left (non-cutting) side of the blade.

Defendant Biro, the manufacturer of the saw, failed to establish prima...

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