Ortiz v. E.W. Bliss Co.

Order, Supreme Court, Bronx County (Jerry Crispino, J.), entered July 2, 2002, which, to the extent appealed from, denied, in part, defendant’s motion for summary judgment dismissing the complaint and all cross claims against it, unanimously affirmed, without costs.

Defendant manufacturer in this strict product liability action bases its defense of substantial modification (see Robinson v Reed-Prentice Div. of Package Mach. Co., 49 NY2d 471, 481 [1980]) on its expert’s opinion that plaintiffs accident was caused by the third-party defendant’s replacement of the subject press’s original…