Fisher v. Alexander & Fiden Machinery Co.

Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied the motions of defendant and third-party defendants for summary judgment. They met their initial burden, and plaintiff raised material issues of fact (see, Zuckerman v City of New York, 49 NY2d 557, 562). Plaintiff, an employee of third-party defendant Colgate Plastics Corp., was injured while operating a drill press manufactured by third-party defendant Buffalo Forge Co. (Buffalo Forge) and sold to her employer by defendant. We reject the contention of defendant that, because it merely sold the used drill…