Opinion
March 8, 1996
Appeal from the Supreme Court, Ontario County, Henry, Jr., J.
Present — Pine, J.P., Lawton, Wesley, Balio and Davis, JJ.
Order unanimously modified on the law and as modified affirmed with costs to plaintiff in accordance with the following Memorandum: On this appeal, defendant Stone Construction Equipment, Inc. (Stone) raises the same arguments that were raised by Baker Rental on an earlier appeal ( Ploof v Stone Constr. Equip., 221 A.D.2d 1008). For the same reasons, we modify the order on appeal by granting in part the cross motion of Stone for summary judgment, dismissing the negligence cause of action in its entirety and dismissing the strict products liability cause of action except insofar as it alleges that the cement mixer involved in plaintiff's accident was defectively designed.