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Torrens v. Delta International Machinery

Appellate Division of the Supreme Court of New York, Second Department
Oct 12, 1999
265 A.D.2d 399 (N.Y. App. Div. 1999)

Opinion

Argued June 7, 1999

October 12, 1999

In a products liability action, the plaintiff appeals from so much of a judgment of the Supreme Court, Rockland County (Weiner, J.).


ORDERED that the judgment is affirmed insofar as appealed from, with one bill of costs.

The plaintiff, a woodworker, was allegedly injured while using a wood-shaping device manufactured by the defendant third-party plaintiff. He argues on appeal that the court improperly precluded him from offering evidence that, subsequent to the accident, his employer fashioned a safety guard for the device which allegedly would have prevented his injury. Contrary to the plaintiff's contention, the court properly excluded that evidence, as the defendant third-party plaintiff conceded that such a safety guard could easily have been created ( see, Cover v. Cohen, 61 N.Y.2d 261).

THOMPSON, J.P., ALTMAN, FEUERSTEIN, and SCHMIDT, JJ., concur.


Summaries of

Torrens v. Delta International Machinery

Appellate Division of the Supreme Court of New York, Second Department
Oct 12, 1999
265 A.D.2d 399 (N.Y. App. Div. 1999)
Case details for

Torrens v. Delta International Machinery

Case Details

Full title:GEOFFREY TORRENS, appellant, v. DELTA INTERNATIONAL MACHINERY CORP.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 12, 1999

Citations

265 A.D.2d 399 (N.Y. App. Div. 1999)
696 N.Y.S.2d 230