Opinion
Argued June 7, 1999
October 21, 1999
DeMaggio DeMaggio, LLP, New York, N.Y. (Alexander J. Wulwick of counsel), for appellant.
Smith Mazure Director Wilkins Young Yagerman Tarallo, P.C., New York, N.Y. (Mark Yagerman, Michael K. Berman, and Steven I. Brizel of counsel), for defendant third-party plaintiff-respondent.
Robert A. Lubitz, Chestnut Ridge, N.Y., for third-party defendant-respondent.
WILLIAM C. THOMPSON, J.P., MYRIAM J. ALTMAN, SANDRA J. FEUERSTEIN, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
In a products liability action, the plaintiff appeals from so much of a judgment of the Supreme Court, Rockland County (Weiner, J.), dated May 29, 1998, as, upon a jury verdict, and the denial of his motion pursuant to CPLR 4404(a) to set aside the verdict, is in favor of the defendant third-party plaintiff dismissing the complaint.
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.