Opinion
August 10, 1998
Appeal from the Supreme Court, Nassau County (Ain, J.).
Ordered that the appeal of the defendant Aniano Equipment Sales and Repair, Inc., is dismissed, since that defendant is not aggrieved by the order appealed from; and it is further,
Ordered that on the appeal of the plaintiff, the order is reversed, the motion is denied, and the complaint is reinstated insofar as asserted against the defendant Ransomes America Corp., and it is further,
Ordered that the plaintiff is awarded one bill of costs.
The appeal of the defendant Aniano Equipment Sales and Repair, Inc. (hereinafter Aniano), must be dismissed. The order appealed from dismissed the complaint insofar as asserted against Ransomes America Corp. The order did not dismiss Aniano's cross claims. Accordingly, Aniano was not aggrieved by the order appealed from ( see, Hauser v. North Rockland Cent. School Dist. No. 1, 166 A.D.2d 553; Nunez v. Travelers Ins. Co., 139 A.D.2d 712; Schultz v. Alfred, 11 A.D.2d 266, 268).
We agree with the plaintiffs contention that the court erroneously granted the motion for summary judgment dismissing the complaint insofar as asserted against Ransomes America Corp., an alleged designer, manufacturer, tester, inspector, and seller of the lawn mower involved in the accident ( see, Robinson v. Reed-Prentice Div., 49 N.Y.2d 471). The plaintiff has demonstrated the existence of issues of fact as to whether the lawn mower was negligently designed ( see, LaPaglia v. Sears Roebuck Co., 143 A.D.2d 173; McAvoy v. Outboard Mar. Corp., 134 A.D.2d 245; Lopez v. Precision Papers, 107 A.D.2d 667, affd 67 N.Y.2d 871).
The respondents' remaining contentions are without merit.
Rosenblatt, J. P., Miller, Ritter and Goldstein, JJ., concur.