Opinion
March 31, 1999
Appeal from Order of Supreme Court, Chautauqua County, Gerace, J. — Summary Judgment.
Order unanimously affirmed without costs. Memorandum: Daryl E. Eccles (plaintiff) sustained injuries when a conveyor manufactured by defendant rolled away from a press machine and fell to the ground. Plaintiff was in the process of attaching the conveyor to the press machine when the injury occurred. Supreme Court properly denied defendant's motion for summary judgment dismissing the complaint asserting causes of action for negligence, strict products liability and breach of warranty. Defendant failed to establish as a matter of law that the conveyor was in a safe condition when it was sold to plaintiff's employer (see, Dickerson v. Meyer Mfg., 248 A.D.2d 970; see generally, Voss v. Black Decker Mfg. Co., 59 N.Y.2d 102, 107). In addition, defendant failed to establish as a matter of law that the modifications made to the conveyor by plaintiff's employer rendered the conveyor defective and caused plaintiff's injuries (see, Smith v. Minster Mach. Co., 233 A.D.2d 892, 893; Lamey v. Foley, 188 A.D.2d 157, 168; see generally, Liriano v. Hobart Corp., 92 N.Y.2d 232, 238; Robinson v. Reed-Prentice Div., 49 N.Y.2d 471, 479).
Present — Denman, P. J., Lawton, Hayes, Pigott, Jr., and Hurlbutt, JJ.