Rose v. Package Machinery Co.

Order unanimously reversed, with costs, and motion denied.

Memorandum: Plaintiffs, residents of Monroe County, seek to recover damages sustained in an industrial accident which occurred in 1965, alleging it to have been caused by a defective electrical switch manufactured by defendant Square D. Company. On April 13, 1971 at Rochester, New York, pursuant to an order of Special Term, discovery and inspection of the switch has been had by all parties in the presence of their expert engineering representatives. X rays were taken of the switch. On June 8, 1972 plaintiffs served and filed a required…