Opinion
October 28, 1997
Appeal from Supreme Court, New York County (Elliott Wilk, J.).
The claims for negligence and strict products liability for design defect were properly dismissed as against defendant and third-party plaintiff upon the basis of uncontroverted evidence that plaintiff's employer had substantially altered the machine by removing a key safety feature, and that the accident would not have occurred had the machine been left as originally designed and manufactured ( see, Robinson V Reed-Prentice Div., 49 N.Y.2d 471).
Concur — Ellerin, J.P., Rubin, Tom, Mazzarelli and Andrias, JJ.