NIELSEN v. VERMEER MANUFACTURING CO.

2019-02524. Index No. 610029/15.

193 A.D.3d 750 (2021)

141 N.Y.S.3d 877

2021 NY Slip Op 02168

Kenneth Nielsen, Appellant, v. Vermeer Manufacturing Co., Respondent.

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

Decided April 7, 2021.


Attorney(s) appearing for the Case

Dell & Dean, PLLC (Mischel & Horn, P.C., New York, NY [ Scott T. Horn and Lauren E. Bryant ], of counsel), for appellant.

Cerussi & Spring, P.C., White Plains, NY ( Thomas F. Cerussi and Melissa Ruth Stull , pro hac vice, of counsel), for respondent.

Rivera, J.P., Miller, Brathwaite Nelson and Wooten, JJ., concur.


Ordered that the judgment is affirmed, with costs.

In December 2012, the plaintiff was injured while operating a brush chipper manufactured by the defendant. The plaintiff commenced this action to recover damages for personal injuries, asserting causes of action, inter alia, sounding in negligence and strict products liability. A jury found in favor of the defendant on the issue of liability. The plaintiff then moved pursuant to CPLR 4404(a) to set aside the verdict...

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