Birriel v. F.L. Smithe Machine Co.

Order, Supreme Court, Bronx County (Patricia Anne Williams, J.), entered on or about October 8, 2004, which denied the motions by defendant and plaintiff for summary judgment, unanimously affirmed, without costs.

It is well settled that a manufacturer is not responsible for injuries resulting from substantial alterations to or modifications of a product by a third party that render the product defective or otherwise unsafe (Robinson v Reed-Prentice Div. of Package Mach. Co., 49 NY2d 471, 475 [1980]), except where the product is purposefully manufactured to permit or encourage its use without a…