Bauer v. Bashline Industries

Order unanimously reversed on the law without costs, motion denied and complaint reinstated. Memorandum: Plaintiff was injured when he fell from a pole that he was climbing in order to change a light bulb at the Dry Hill Ski Area. He was wearing climbing devices with straps around his legs and ankles and fell when the strap around his right leg allegedly broke. Plaintiff commenced this action, alleging that defendant negligently designed, manufactured and tested the strap. Supreme Court granted defendant’s motion for summary judgment dismissing the complaint on the ground that plaintiff is…