Mayes v. Harnischfeger Corp.

This is a motion by the defendant seeking to dismiss the complaint herein pursuant to CPLR 3211 (subd. [a], par. 7) upon the ground that the complaint fails to state a cause of action.

Plaintiff cross-moves to amend and supplement the complaint and bill of particulars nunc pro tunc, by adding, in substance, an allegation that the “ hook ” latch manufactured, installed and distributed by the defendant had a latent defect, peculiarly within the reasonably foreseeable knowledge of the defendant, and constituted a hazard unknown to the plaintiff.

The motion arises out of an action which was…