Opinion
March 4, 1999
Appeal from the Supreme Court, Bronx County (Bertram Katz, J.).
The parties plaintiff seeks to add under the relation-back doctrine of CPLR 203 are not united in interest with any of the named defendants. As for plaintiff's product liability claims, we agree with the IAS Court that the manufacturer could not have foreseen an attempt to lift this 250-pound air compressor out of the back of a moving truck by using chains attached to a block and tackle while half of the unit was balanced on a jack and tire rim, and that such activity, the obvious danger of which plaintiff admitted he was aware, superseded any causal relationship between plaintiff's injury and the unshielded nip point between the compressor's belt and pulley ( see, Rosemond v. Harshaw Chem. Co., 135 A.D.2d 525). We have considered plaintiff's other arguments and find them to be unpersuasive.
Concur — Nardelli, J. P., Lerner, Mazzarelli and Saxe, JJ.