Couse v. La Torre Orthopedic Laboratory, Inc.

—Mercure, J. P.

Appeal from an order of the Supreme Court (Ingraham, J.), entered June 14, 1994 in Otsego County, which granted *710defendant’s motion for summary judgment dismissing the complaint.

Following the surgical removal of plaintiffs left leg in June 1987, plaintiffs physician referred him to defendant for the fitting and installation of a prosthesis. Defendant furnished plaintiff first with a temporary and then with a permanent leg prosthesis. In November 1989, plaintiff sustained a fractured vertebra when he leaned over to pick up an object on his lawn. Plaintiff commenced this action in…