Houston v. McNeilus Truck & Manufacturing, Inc.

Appeal from an order of the Supreme Court, Erie County (James H. Dillon, J.), entered April 18, 2013. The order, among other things, denied in part the motion of defendant McNeilus Truck and Manufacturing, Inc. for summary judgment.

It is hereby ordered that the order so appealed from is unanimously modified on the law by granting the motion with respect to the manufacturing defect claims and dismissing those claims and all cross claims based on that theory against defendant-appellant and as modified the order is affirmed without costs.

Memorandum: In this negligence action in which plaintiff…