MERCEDES v. 248 JD FOOD CORP.

11688. 300854/12.

184 A.D.3d 513 (2020)

124 N.Y.S.3d 539

2020 NY Slip Op 03592

Antonio Mercedes, Appellant, v. 248 JD Food Corp., Doing Business as Bravo Supermarket, et al., Defendants, and Hobart Corp., Respondent.

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

Decided June 25, 2020.


Defendant established its prima facie entitlement to judgment as a matter of law in this action where plaintiff butcher alleged that he was injured when, while cleaning meat out of the hopper of the meat mixer-grinder in the supermarket where he worked, the machine turned on, causing the mixing paddles to rotate. Defendant submitted evidence showing that it was not liable because plaintiff's injury was a result of a post-sale modification of the product that disabled its...

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