Spooner v. Sears, Roebuck & Co.

Order of the Supreme Court, Bronx County (Jack Turret, J.), entered on or about September 13, 1989, which denied both the motion by defendant Sears, Roebuck and Co. and cross motion by plaintiffs for summary judgment, is unanimously modified, on the law, to grant defendant’s motion for summary judgment dismissing the complaint, and otherwise affirmed, without costs or disbursements.

In 1982, plaintiff Steven Spooner, an employee in the maintenance department of third-party defendant Gracie Square Hospital, was vacuuming sawdust under a Sears 10-inch table-saw when the blade severed his left…